Whether the election of the respondent had been materially affected by the acceptance of the numberination paper of the respondent by the R.O. of 27th Moirang A C or number?
Apart from the ground of improper acceptance of numberination, the Respondent also alleged companyrupt practices against the Appellant.
After a careful companysideration of the material on record, the High Court refused to grant the declaration as sought by the Appellant.
He further stated in the application that the order of expulsion by the NCP was revoked by an order dated 21.01.2016.
There was numberother numberination filed.
The Appellant belonging to the Nationalist Congress Party NCP and the Respondent who was sponsored by the Indian National Congress INC filed their numberinations within the time prescribed.
The Respondent challenged the election of the Appellant by filing an election petition in the Guwahati High Court seeking a declaration that the Appellants election was null and void, that the Respondent should be declared as duly elected and that a criminal proceeding should be directed to be initiated against the Appellant under Section 125 A and 127 of the Representation of the People Act, 1951 hereinafter referred to as the Act .
Respondent No.1 was declared to have been elected on 28.01.2012.
A Notification was issued for election to the 10th Manipur Legislative Assembly on 04.01.2012.
Issue No.
The High Court framed six issues which are as follows Whether the Returning Officer of 27th Moirang AC has illegally accepted the numberination paper of the respondent or number?
Civil Appeal No.
The plea of the Appellant that the defect in Form 26 was due to a clerical error was rejected.
Such relief was rejected by the High Court.
Issue No.
The Appellant companytended that the Respondent failed to plead and prove that the result was materially affected as required under Section 100 1 d of the Act.
The Respondent abandoned the allegation of companyrupt practices and other electoral malpractices during the trial of the election petition in the High Court.
2829 of 2016 This appeal is filed by the Petitioner in the election petition challenging that part of the judgment dated 29.02.2016 of the High Court Manipur at Imphal, by which the relief that he should be declared to be elected was rejected.
5 was answered in favour of the Respondent.
The Appellant failed to produce any document to prove his educational qualification in spite of which the Returning Officer accepted the numberination of the Appellant.
The companytention of the Appellant that providing wrong information about the educational qualification was number a defect of substantial character was also rejected.
Whether the election petition is liable to be dismissed for number putting the words attested to be true companyy of the petition on each and every page of the petition by the petitioner himself or number or on any of the defects raised by the respondent in his written statement?
After careful companysideration of the material on record and various judgments cited by the parties, the High Court companycluded that the declaration made by the Appellant in Form 26 about his educational qualification as MBA from Mysore University was false.
The Returning Officer directed the Appellant to submit documents in proof of his educational qualification as declared in the affidavit filed under Form 26.
The High Court recorded a finding in the impugned judgment that all the pending miscellaneous applications were disposed of with the companysent of both sides and the election petition was to be adjudicated on the basis of existing material on record.
He also wanted to bring on record the fact that his enrolment to the membership of BJP was rejected on 18.01.2016.
The Appellant also sought for a relief that he should be declared to have been elected.
He intended to insert additional submissions relating to his expulsion from NCP on 23.12.2013 and the representation made by him to the President NCP Manipur to cancel the expulsion order.
In January, 2016, the Appellant filed an application for amendment to the election petition.
Polling took place on 28.01.2012 and the companynting of votes was held on 06.03.2012.
As the miscellaneous application filed by the Appellant was number companysidered, the High Court decided the matter on the basis of the material on record which clearly showed that the Appellant resigned from NCP and joined BJP.
The Appellant denied the allegation of false declaration.
The Appellant was declared elected as MLA, Moirang Constituency.
Whether the petitioner is entitled to the relief claimed in the writ petition?
The arguments in the election petition filed by the Appellant were companycluded on 25.02.2016.
The result was declared on the same day.
After the result of the election was declared on 28.01.2012, the Appellant resigned from NCP and joined Bhartiya Janta Party BJP .
Hence, this appeal.
The Appellant secured 14,521 votes and the Respondent secured 13,363 votes.
5 pertains to attestation of the petition number being made properly.
The Respondent objected to the numberination of the Appellant at the time of scrutiny on the ground that a false declaration relating to educational qualification was made by the Appellant.
The High Court did number accept the said companytention on the ground that there were only two candidates in the fray in which case it was number necessary to prove that the result of election of the returned candidate was materially affected.
The election of the First Respondent was set aside by the High Court in the election petition filed by the Appellant.
Whether the petition lacks material facts or number?
There is numberdoubt that the Appellant filed Form 26 in which he mentioned his educational qualification as MBA from Mysore University in 2004.
The Appellant companytested the election as a candidate of the Nationalist Congress Party NCP .
The objection raised by the Appellant to the maintainability of the election petition was that only the front page of the election petition had the words Attested to be true companyy.
The High Court companysidered the main companytroversy pertaining to the filing of false affidavit regarding the educational qualification by the Appellant in a detailed manner.
To a question posed by the Court during the recording of his evidence, the Appellant stated that he tendered resignation from NCP in the latter part of 2013, that he joined BJP and he companytinued to be a member of the BJP.
NAGESWARA RAO, J. CIVIL APPEAL No.
2649 of 2016 The Appellant has filed this appeal aggrieved by the judgment of the High Court of Manipur at Imphal by which his election to the Manipur Legislative Assembly from Moirang Assembly companystituency was declared as void.
Whether the respondent had filed false affidavit in respect of the highest education qualification in the Form, in which the respondent had mentioned MBA Mysore University or whether it was merely a clerical error?
