Manipur High Court
Mayanglambam Rameshwar Singh vs Kshetrimayum Kennedy Singh & 4 Ors on 22 June, 2023
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
LAISHRA Digitally signed
by LAISHRAM
M DHAKESHORI
DHAKESH DEVI
Date: 2023.06.22
ORI DEVI 14:59:33 +05'30'
IN. 19
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
El.Recr.Pet. No. 24 of 2022
Mayanglambam Rameshwar Singh ... Petitioner/s
Vs.
Kshetrimayum Kennedy Singh & 4 ors. ... Respondent/s
B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 21-06-2023 Heard Mr. N. Kumarjit, learned senior counsel assisted by Mr. N. Zequeson, learned counsel appearing for the petitioner; Mr. M. Rakesh, learned counsel for respondent No. 1 and Mr. N. Jotendro, learned senior counsel assisted by Mr. A. Manikanta, learned counsel for the respondent No. 4. None appeared for the other respondents.
After hearing the submissions advanced by the learned counsel appearing for the parties and after careful perusal of the records of the present case, the following issues are framed for determination:
1) Whether the respondent No. 1 furnished false and misleading information pertaining to the name of his spouse at para No. 4, Sl.No. 2 of part-A in his affidavit in form 26 dated 09-02-2022 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
2) Whether the respondent No. 1 had concealed the pending Criminal case against him in connection with NON-FIR No. 17/KCG-PS/2021 registered at Kakching Police Station at Para No. 5 and 6A of Part-A in his affidavit in form 26 filed by him in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
3) Whether the respondent No. 1 failed to furnish true and correct particulars pertaining to the balance of his Bank Account No. 0256010110179 of Punjab National Bank (PNB), Kakching Branch at Para No. 7 (A) (ii) of part-A in his affidavit in form No. 26 filed by him in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
4) Whether the respondent No. 1 had concealed his Bank Account No. 7147583722 of the Indian Bank, Kakching Branch at Para No. 7 (A) (ii) of part-A in his affidavit in form 26 filed by him in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
5) Whether the respondent No. 1 had concealed the Bank Account No. 33527549243 of State Bank of India, Kakching Branch belonging to his spouse at Para No. 7 (A) (ii) in his affidavit in form 26 filed by him in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
6) Whether the respondent No. 1 failed to furnish true and correct particulars pertaining to the gross total value of movable assets of his spouse at Para No. 7 (A) (ix) in his affidavit in form 26 filed by him in connection with the 12 th Manipur Legislative Assembly Election, 2022 or not?
7) Whether the Respondent No. 1 concealed material information pertaining to his non-agricultural lands under Patta No. 220Ang (Old), 848/(B) (New) covered by Dag No. 795/Pt situated within Village No. 58-Kakching Khullen as well as at Patta No. 38Ang (Old), 218/(A)/Pt (New) covered by Dag No. 91(A) situated within Village No. 58-Kakching Khullen at Para No. 7(B)(ii) in his Form-
26 Affidavit dated 09.02.2022 filed by him in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
8) Whether the Respondent No. 1 concealed material information pertaining to the built-up area of his residential building situated at Patta No. 200Ang (Old), 848/(B) (New) covered by Dag No. 795/Pt situated within Village No. 58-Kakching Khullen at Para No. 7(B)(iv) in his Form-26 Affidavit dated 09.02.2022 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
9) Whether the Respondent No. 1 concealed material information of his movable assets pertaining to "Others (such as interest in property)" at Para No. 7(B)(v) in his Form-26 Affidavit dated 09.02.2022 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
10) Whether the Respondent No. 1 concealed material information pertaining to the nature of loan in respect of the Loan A/C No. 0254300940559 of Punjab National Bank, Imphal Branch at Para No. 8(i) in his Form-26 Affidavit dated 09.02.2022 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
11) Whether the Respondent No. 1 concealed material information pertaining to the pending liabilities/dues to any bank/public financial institution of his spouse at Para No. 8(i) in his Form-26 Affidavit dated 09.02.2022 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
12) Whether the Respondent No. 1 concealed material information pertaining to the Details of profession or occupation of his spouse at Para No. 9 in his Form-26 Affidavit dated 09.02.2022 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
13) Whether the corresponding entries at Part B Para No. 11 Item No. 5; Item No. 8A (pertaining to his spouse); Item No. 8B(III) (pertaining to his spouse) and Item No. 9(ii) (pertaining to his spouse) in the Form26 Affidavit dated 09.02.2022 filed in connection with the 12th Manipur Legislative Assembly Election, 2022 are false and misleading information or not ?
14) Whether the Respondent No. 1 committed the corrupt practice of undue influence by swearing false Affidavit and concealing material information relating to his dependents as well as assets and liabilities including criminal antecedents in his Form 26 Affidavit filed in connection with the 12th Manipur Legislative Assembly Election, 2022 or not?
15) Whether the Form 26 Affidavit dated 09.02.2022 filed by the Respondent No. 1 before the Returning Officer, 37-Kakching Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022 suffers from defects of substantial character/nature or not?
16) Whether the Respondent No. 1 failed to maintain separate and correct account of all election expenditures in the 12th Manipur Legislative Assembly Election, 2022 in contravention with Section 77 of the Representation of the People Act, 1951?
17) Whether the Respondent No. 1 or his election agent incurred and authorised election expenditure in the 12 th Manipur Legislative Assembly Election, 2022 in contravention with mandatory instructions issued by the Election Commission of India from time to time or not?
18) Whether the Respondent No. 1 failed to furnish a true account of his election expenses with the District Election Officer in the 12th Manipur Legislative Assembly Election, 2022 in contravention with Section 78 of the Representation of the People Act, 1951 or not?
19) Whether the Respondent No. 1 has committed the corrupt practice of incurring and authorizing election expenditure in contravention of Section 77 defined under Section 123(6) of the Representation of the People Act, 1951 in the 12th Manipur Legislative Assembly Election, 2022 or not?
20) Whether the nomination paper of the Respondent No. 1 filed before the Returning Officer, 37-Kakching Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022 was improperly accepted or not?
21) Whether the nomination paper of the Respondent No. 1 filed before the Returning Officer, 37-Kakching Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022 is liable to be rejected under Section 36(2) of the Representation of the People Act, 1951 or not?
22) Whether the Petitioner is entitled to the reliefs sought in the Election Recrimination Petition or not ? All the counsel appearing for the parties seek two weeks' time so as to enable them to file list of witnesses and documents to be relied on by them in support of their cases.
As prayed for, list these cases again on 06-07-2023. All the counsel appearing for the parties are also requested to suggest the names of qualified Advocates who can be appointed as Commissioner who examining the witnesses and taking evidences on the next date.
Registry is directed to reflect the name of Mr. N. Jotendro, learned senior counsel as counsel for the respondents in the cause list.
JUDGE Dhakeshori