RAJKUMAR IMO SINGH Vs. KHWAIRKAKPAM LOKEN SINGH

JUDGEMENT

(1.) Heard Shri A.C. Borbora and Shri Kamal Agarwal, the learned Senior Advocates assisted by Shri M. Gunodhor Singh and Ms. Reeta Borbora, the learned advocates appearing for the respondent/ petitioner and Shri H.S. Paonam, the learned Senior Advocate assisted by Shri S. Gunabanta, the learned advocate appearing for the applicant/ respondent No.1.

(2.) In this election petition, the result of an election is under challenge with the prayer for passing an order to set aside the election of the applicant/ respondent No.1 to the Manipur Legislative Assembly from the Sagolband constituency after declaring it as illegal and void and to declare the respondent/ petitioner to be elected from the said constituency on receipt of majority of the valid votes. One more prayer has been added in the petition praying that he may be allowed and/or a necessary order may be passed directing the discovery and inspection of the documents mentioned at Para 34 of the petition and any other documents which are in the custody, possession and power of the Returning Officer.

(3.) The facts of the case as narrated in the election petition are that the respondent/ petitioner is one of the candidates for being elected as a member of the Manipur Legislative Assembly from the Sagolband constituency. The Government of Manipur issued a notification dated 07-02-2017 under sub-section (2) of Section 15 of the Representation of People Act, 1951 (hereinafter referred to as "the Act") calling upon all the Assembly Constituencies in the State to elect members for the purpose of constituting a new Legislative Assembly. The poll scheduled earlier came to be changed due to certain difficulties vide Corrigendum dated 04-01-2017 issued by the Chief Electoral Officer, Manipur. The respondent/ petitioner submitted his nomination paper as a candidate of the Bhartiya Janata Party (BJP) under the symbol of Lotus and after his nomination being found to be valid, he contested the election held on 04-03-2017 and for the said election, the respondent/ petitioner appointed Shri K. Umakanta Singh as his election agent and Shri Haorongbam Meghachandra as one of his counting agents. As per the polling schedule, the polling took place on 04-03-2017 in respect of the said constituency and after having concluded the counting of votes, the applicant/ respondent No.1 was declared elected as a member of the Manipur Legislative Assembly from the said constituency. The difference of votes between the respondent/ petitioner and the applicant/ respondent No.1 was 19 (nineteen) only. Out of the total votes of 19,283, the respondent/ petitioner received 9,066 votes recorded through EVM while that of the applicant/ respondent No.1 was 9,056 votes with a difference of 10 votes. Out of the total 298 postal ballots, the applicant/ respondent No.1 polled 155 votes by postal ballots while that of the respondent/ petitioner was 126 with the result that the applicant/ respondent No.1 won the election by overall margin of 19 votes over the respondent/ petitioner.