S I PAOKHOSEI Vs. NGAMTHANG HAOKIP

JUDGEMENT

(1.) This Election petition has been filed by the unsuccessful candidate in the Election held on 16.2.1995 to the Manipur Legislative Assembly from 51-Saitu (ST) Assembly Constituency, seeking a declaration of the election of the returned candidate Mr. Ngamthang Haokip as void on the ground of corruption charges, and further for a direction to conduct fresh election of the said Constituency.

(2.) General Election of the Manipur Legislative Assembly was held on 16.2.1995. Petitioner along with other 7(seven) candidates contested from 51-Saitu(ST) Assembly Constituency. Result was declared on 23.2.1995, declaring the respondant No. 1 elected. The votes secured by each of the contestants are as follows :- "(a) AlarThoitak - 7303 (b) Haokholet - 5765 (c) John - 12 (d) Lundolung - 31 (e) Ngamthang Haokip - 9673 (Respondent No. 1) (f) Panmei Bonthaolung - 106 (g) S.L. Paokhosei - 2199 (Petitioner) (h) Thomas - 26 (Petitioner)

(3.) The grounds on which the election of the respondent No. 1 sought to be declared as void has been setforth in paragraphs 8 and 9 of the petition. Paragraphs 8 and 9 reads :- "That, the petitioner asserts that the election of the Respondent No. 1 is void and is liable to be declared void on the following grounds :- (1) That, the Respondent No. 1 himself and through his election agents and other persons acting with his active consent and connivance committed the corrupt practice of undue influence in the form of- (a) Terrorising and extending threats, and harassing to get submission of all voters, through the hostile/militant elements armed with fire arms, and Village Chiefs including armed persons emplyed by the Respondent No. 1; (b) Kidnapping, beating and other criminal and coercive measures, taken against the innocent and law abiding voters residing in the said Constituency; (c) Employment of hostile/militant persons armed with sophisticated fire arms, to terrorise and obtain submission, as well as to prevent entry of the candidates, election agents of other candidates in sevaral area covered by several Polling Stations. The detailed particulars are set out below in part of the Annexures : 9. That, the Respondent No. 1 himself and through his agents, election agents and other persons employed by him, acting with his consents committed the corrupt practices of bribery in the form of - (a) Giving money in cash, in kind, etc., to several persons, including Village Chiefs, Clubs, etc.; (b) Paying/distributing money to the electors who would vote for him; (c) Entertaining with meats, sweets, lunches, dinner, breakfasts, etc., in large scale to several thousands of voters with the object of securing their votes, etc., The detailed particulars and instances are set out below in part 1 of the Annexure to the petition." In support of the allegations made in paragraphs 8 and 9, detailed statement has been set out in statement No. 1 paragraphs 2 to 9.