AKOIJAM MIRABAI DEVI Vs. SAPAM KUNJAKESHWOR @ KEBA SINGH

JUDGEMENT

(1.) Heard Shri N. Ibotombi, learned Senior Advocate appearing for the applicant/ respondent No.1 and Shri M. Gunedhor, learned Advocate appearing for the respondent No.1/petitioner.

(2.) This is an application filed by the applicant/ respondent No.1 (hereinafter referred to as "the applicant ") praying for dismissal of the election petition filed by the respondent No.1/ petitioner (hereinafter referred to as "the respondent No.1 ") on the ground that there is no triable cause of action as against the applicant/respondent No.1.

(3.) According to the respondent No.1, in the Manipur General Assembly Election, 2017, the result of which was prepared by him on the basis of the reports submitted by his counting agents, he secured 13,270 votes in total from all polling stations, while the applicant secured 13,133 votes. But the result prepared by the competent authority, i.e. by the Returning Officer, it was shown that the respondent No.1 secured 13,149 votes, while the applicant secured 13,224 votes. In respect of the postal ballots, the respondent No.1 secured 172 postal votes, while the applicant secured only 151 postal votes but as per the election result prepared by the Returning Officer, the respondent No.1 secured 142 postal votes, while the applicant secured 181 postal votes. It is because of the fact that the Returning Officer illegally counted 12 invalid postal votes in favour of the applicant despite objection raised by him, while he rejected 25 postal votes in favour of the respondent No.1 and that on the instruction of the assistant of the Returning Officer, the election agents of the respondent No.1 dropped 17 postal ballot votes in the box earmarked for 18-Konthoujam Assembly Constituency instead of dropping them in the box earmarked for 19-Patsoi Assembly Constituency.