Manipur High Court
Oinam Lukhoi Singh vs Khuraijam Loken Singh & Anr on 14 March, 2023
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
SHOUGRA Digitally signed by
SHOUGRAKPAM
KPAM DEVANANDA IN. 7
DEVANAN SINGH
Date: 2023.03.14
DA SINGH 16:26:07 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
El. Petn. No. 19 of 2022
Oinam Lukhoi Singh ... Petitioner
Vs.
Khuraijam Loken Singh & anr. ... Respondents
B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 14-03-2023 Heard Mr. Ajoy Pebam, learned counsel appearing for the petitioner, Mr. S. Biswajit, learned senior counsel assisted by Ms. N. Prista, learned counsel appearing for the respondent No. 1 and Mrs. L. Ayangleima, learned counsel appearing for the respondent No. 2.
After hearing the submissions advanced by the learned counsel appearing for the parties and after careful perusal of the materials available on record, the following issues are framed for determination:`-
1) Whether the respondent No. 1 has a second wife namely, Khuraijam Sushila @ Kahola Devi and their son namely, Khuraijam Sushil Singh and whether the respondent No. 1 failed to disclose their names in his Form-26 affidavit dated 03-02-2022 at Row 2 and 6 of para No. 4 respectively filed in connection with the 12th Manipur Legislative Assembly Election, 2022 from 22- Wangoi Assembly Constituency?
2) Whether Khuraijam Sushil Singh is the son and dependant of the respondent No. 1 and whether the respondent No. 1 failed to disclose the Axis Bank Accounts bearing No. 921010011541161 and 921020027896534 belonging to the said Khuraijam Sushil Singh in his Form - 26 affidavit dated 03- 02-2022 at Column 8 Row No. (ii) of Para No. 7(A) filed in connection with the 12th Manipur Legislative Assembly Election, 2022 from 22-Wangoi Assembly Constituency?
3) Whether the respondent No. 1 failed to disclose his vehicles -
(i) Tata Truck being Regd. No. AS01DD551, (ii) Bolero bearing Regd. No. MN01W6446 and (iii) Yamaha Libero Motor Cycle bearing Regd. No. MN01M7760 in his Form-26 affidavit dated 03-02-2022 at Column 3 Row No. 6 at Para No. 7(A) filed in connection with the 12th Manipur Legislative Assembly Election, 2022 from 22- Wangoi Assembly Election?
-2-4) Whether the respondent No. 1 committed corrupt practice as defined under section 123(2) of the Representation of People's Act, 1951?
5) Whether the non-disclosure of material information by the respondent No. 1 in his affidavit in Form - 26 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 and any corrupt practice committed by the respondent No. 1 in the said election would materially affect the result of the election in respect of the 22-Wangoi Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
6) Whether the election of the respondent No. 1 as a returned candidate from 22-Wangoi Assembly Constituency to the 12th Manipur Legislative Assembly Election, 2022 is liable to be declared null and void?
7) Whether the election petitioner is entitled to be declared as the returned candidate from the 22-Wangoi Assembly Constituency to the 12th Manipur Legislative Assembly Election, 2022?
8) Whether the election petition filed with allegation of corrupt practice committed by the respondent No. 1 without any required supporting affidavit is maintainable or not?
9) Whether the vehicles being Tata Truck, Bolero and Yamaha Libero Motor Cycle mentioned in the above Issue No. 3 are still assets of the respondent No. 1 at the time of filing his nomination paper?
10) Whether there is any cause of action for filing the election petition?
11) Whether the petitioner is entitled to the reliefs claimed by him in the election petition?
As prayed for by the learned counsel appearing for the parties, list this case again on 28-03-2023 for further proceedings. In the meantime, parties are directed to file their documents and the list of witnesses to be relied on by them on or before the next date.
JUDGE
Devananda
SHOUGRA Digitally signed by IN. 8
SHOUGRAKPAM
KPAM DEVANANDA
DEVANAN SINGH
Date: 2023.03.14
DA SINGH 16:26:36 +05'30' IN THE HIGH COURT OF MANIPUR
AT IMPHAL
El. Recr. Petn. No. 29 of 2022
(Ref:- El. Petn. No. 19 of 2022)
Khuraijam Loken Singh ... Petitioner
Vs.
Oinam Lukhoi Singh & anr. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 14-03-2023 Heard Mr. S. Biswajit, learned senior counsel assisted by Ms. N. Prista, learned counsel appearing for the petitioner, Mr. Ajoy Pebam, learned counsel appearing for the respondent No. 1 and Mrs. L. Ayangleima, learned counsel appearing for the respondent No. 2.
After hearing the submissions advanced by the learned counsel appearing for the parties and after careful perusal of the materials available on record, the following issues are framed for determination:
1) Whether the respondent No. 1 failed to disclose the pending Cril. Case against him under FIR No. 9(2)2017 UGI-PS u/s 324/352/307/34-IPC, 25(I-B) A. Act & 27A. Act in his Form-26 affidavit dated 07-02-2022 at Part A(5)(ii) of para 5(II) filed by him in connection with 12th Manipur Legislative Assembly Election, 2022 from 22-Wangoi Assembly Constituency?
2) Whether the concealment/ non-disclosure of the pending criminal case by the respondent No. 1 while filing his affidavit dated 07-02-2022 along with his nomination paper in connection with the 12th Manipur Legislative Assembly Election, 2022 from the 22-Wangoi Assembly Constituency violates the guidelines of the Election Commission of India and the provisions of the Representation of People's Act, 1951?
3) Whether the non-disclosure/ concealment of the pending criminal case against the respondent No. 1 while filing his Form-26 affidavit in connection with the 12th Manipur Legislative Assembly Election, 2022 from 22-Wangoi Assembly Constituency will render disqualification of the candidature of the respondent No. 1.-2-
4) Whether the respondent No. 1 disclosed all material information in his affidavit in Form-26 dated 07-02-2022 which were within his knowledge at the time of filing his nomination paper in connection with the 12th Manipur Legislative Assembly Election, 2022 from 22-Wangoi Assembly Constituency?
5) Whether the Officer-in-Charge of the Wangoi P.S. informed the respondent No. 1 through his PRO namely, Jim Ayekpam that FIR No. 9(2) 2017 WGI-PS was closed after investigation as no case has been found against the respondent No. 1 while requesting for providing the detailed status/ report of any FIR case registered against the respondent No. 1?
6) Whether the Election Recrimination Petition is maintainable or not?
7) Whether there is any cause of action?
8) Whether the petitioner is entitled to the reliefs claimed?
As prayed for by the learned counsel appearing for the parties, list this case again on 28-03-2023 for further proceedings. In the meantime, parties are directed to file their documents and the list of witnesses to be relied on by them on or before the next date.
JUDGE
Devananda
SHOUGRA Digitally signed by IN. 9
SHOUGRAKPAM
KPAM DEVANANDA
DEVANAN SINGH
Date: 2023.03.14
DA SINGH 16:26:57 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(El. Petn.) No. 188 of 2022
(Ref:- El. Petn. No. 19 of 2022)
Khuraijam Loken Singh ... Applicant
Vs.
Oinam Lukhoi Singh & anr. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 14-03-2023 As prayed for by the counsel appearing for the parties, list this case again on 28-03-2023 for consideration.
JUDGE Devananda