NINGTHOUJAM BINOY SINGH Vs. RADHABINOD KOIJAM

JUDGEMENT

(1.) In the 7th Manipur Legislative Assembly Election, 2000 held on 22.2.2000, the result of which was declared on 25.2.2000, the respondent No. 1, Shri Radhabinod Koijam was declared elected form No. 9 Thangmeiband Assembly constituency. The election of the respondent No. 1 was challenged by the petitioner Shri N. Binoy Singh in Election Petition No. 4 of 2000, on the allegation of malpractice, corrupt practice and fraud alleged to have been committed by the returned candidate.

(2.) The Civil Misc. Case No. 6/2000 has been filed by the respondent No. 1, the returned candidate for dismissal of the Election Petition No. 4/2000 on the following grounds:

(3.) So far the ground No. 3 is concerned, it is admitted that mistakes were later on rectified and corrected. So far the allegation regarding defect in the verification there are catena of decisions of the Apex Court. In Murarka Radhey Shy am Ram Kumar-Vs- Roop Singh Rathore a Constitution Bench has held in unmistakable terms mat a defect in the verification of a petition as required by Section 83(1 )(c) of the Act was not fatal to the maintainability of the petition and that a defect in the affidavit was not a sufficient ground for dismissal of the petition. Another Constitution bench held in Ch. Subbarao-Vs-Member, Election Tribunal, Hyderabad that even with regard to Section 81(3), substantial compliance with the requirement thereof was sufficient and only in cases of total or complete non-compliance with the provisions of Section 81 (3), it could be said that the election petition was not one presented in accordance with the provisions of that part of the Act.