Manipur High Court
Mairembam Prithviraj Singh @ ... vs Thongam Shanti Singh & Anr on 5 December, 2022
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
CHONGNUNKI Digitally signed by
CHONGNUNKIM GANGTE
M GANGTE Date: 2022.12.06 10:03:17
+05'30'
Item No. 23
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
El.Pet. No. 2 of 2022
Mairembam Prithviraj Singh @ Prithiviraj ....Petitioner(s)
-Versus-
Thongam Shanti Singh & Anr ....Respondent(s)
BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 05.12.2022 Heard Mr. Ajoy Pebam, learned counsel appearing for the petitioner, Mr. P. Praveen Kumar, learned counsel for the respondent No. 1 and Mr. N. Kumarjit, learned senior counsel assisted by Mr. Th. Monish Anand, learned counsel appearing for the respondent No. 2.
As directed earlier by this Court, the petitioner and the respondent No. 2 have submitted their suggested issues. Learned counsel for the respondent No. 1 submitted that the respondent No. 1 will not submit any suggested issues, however, liberty may be given to the respondent No. 1 to raise additional issues as and when required during the trial of the election petition.
On hearing the submission advanced by the parties and after perusal of the record, the following issues are framed:-
1. Whether the respondent No. 1 has failed to disclose the material information in his Form 26 Affidavit dated 04/02/2022 as required under Rule 4A of the Conduct of Election Rules, 1961 read with Section 33 and 33A of the Representation of People Act, 1951 and if failed, then whether it would affect the result of the election of 27-
Moirang Assembly Constituency to the 12th Manipur Legislative Assembly Election, 2022?
5. Whether the election of the Respondent No. 1 as the returned candidate from 27-Moirang Assembly Constituency to the 12th Manipur Legislative Assembly Election, 2022 is liable to be declared null and void?
6. Whether the Election Petitioner is entitled to be declared as the returned candidate of 27-Moirang Assembly Constituency to the 12th Manipur Legislative Assembly Election, 2022?
As prayed for, list this case again on 15th December, 2022. In the meantime, counsel for the parties are at liberty to submit the list of witnesses and certified copies of documents to be relied on by them in support of their case.
JUDGE kim Item No. 24 IN THE HIGH COURT OF MANIPUR AT IMPHAL El.Recr.Pet. No. 3 of 2022 P. Sharat Chandra Singh ....Petitioner(s)
-Versus-
M. Prithviraj Singh @ Prithiviraj & Anr ....Respondent(s) BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 05.12.2022 Heard Mr. N. Kumarjit, learned senior counsel assisted by Mr. Th.Monish Anand, learned counsel appearing for the petitioner, Mr. Ajoy Pebam, learned counsel for the respondent No. 1 and Mr. Praveen Kumar, learned counsel for the respondent No. 2.
After hearing the submission advanced by the parties and after perusal of the record, the following issues are framed:-
1. Whether Form 26 Affidavit dated 07.02.2022 filed by the respondent No. 1 before the Returning Officer - 27-Moirang Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022 suffers from defects of substantial character due to non-disclosure of vital and material information?
2. Whether the nomination paper of the election petitioner was improperly accepted by the Returning Officer, 27-Moirang Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
3. Whether the respondent No. 1 violated the provisions of Section 77 and 78 of the Representation of People Act, 1951 by not maintaining proper account of his election expenses?
4. Whether the petitioner is entitled to relief for declaration that he has been duly elected in the 12th Manipur Legislative Assembly Election, 2022 from 27-Moirang A/C?
5. Whether Section 97 of the Representation of People Act, 1951 is applicable against the respondent No. 2 or not?
6. Whether the present election recrimination petition is maintainable or not?
As prayed for by the learned counsel for the parties, list this case again on 15th December, 2022 for submission of list of witnesses and certified copies of documents to be relied on by them in support of their case.
JUDGE kim Item No. 26 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(El.Pet.) No. 71 of 2022 Thongam Shanti Singh ....Petitioner(s)
-Versus-
M. Prithviraj Singh @ Prithiviraj & Anr ....Respondent(s) BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 05.12.2022 On joint prayer made by the parties, list this case again on 15th December, 2022 for final disposal.
JUDGE Kim Item No. 25 IN THE HIGH COURT OF MANIPUR AT IMPHAL El.Recr.Pet. No. 4 of 2022 Thongam Shanti Singh ...Petitioner(s)
-Versus-
Mairembam Prithviraj Singh @ Prithiviraj ....Respondent(s) BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 05.12.2022 Heard Mr. Praveen Kumar, learned counsel appearing for the petitioner, Mr. Ajoy Pebam, learned counsel for the respondent No. 1 and Mr. N. Kumarjit, learned senior counsel assisted by Mr. Monish Anand, learned counsel appearing for the respondent No. 2.
On hearing the submission advanced by the parties and after perusal of the record, the following issues are framed:-
1. Whether the "Post Graduate Programme in Service Industry Management from ITFT, Chandigarh" mentioned in Sl. No. 10 of Part B of Form 26 affidavit of the respondent No. 1 is an education qualification or not?
2. Whether the respondent No. 1 failed to publish his criminal antecedents thereby failing to comply the Notification dated 19/01/2022 of the Chief Electoral Officer, Manipur or not?
3. Whether the respondent No. 1 gave false information regarding the vehicle owned by his spouse in Sl. No. 7 (vi) of Part A of his Form 26 Affidavit while filing his information papers for the election to 12th Manipur Legislative Assemble, 2022 or not?
4. Whether the present recrimination petition is filed within the period of limitation or not?
5. Whether the petitioner is entitled to the reliefs claimed or not?
As prayed for, list this case again on 15th December, 2022. In the meantime, counsel for the parties are at liberty to submit the list of witnesses and certified copies of documents to be relied on by them in support of their case.
JUDGE KIM