Manipur High Court
Y. Antas Khan vs Md. Abdul Nasir & 3 Ors on 27 March, 2023
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
CHONGNUNK Digitally signed by
CHONGNUNKIM GANGTE
IM GANGTE Date: 2023.03.27 15:21:02
+05'30'
Item No. 21
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
El.Pet. No. 18 of 2022
Y. Antas Khan ....Petitioner(s)
-Versus-
Md. Abdul Nasir & 3 Ors ....Respondent(s)
BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 27.03.2023 Heard Mr. Devendra Sharma, learned counsel assisted by Mr. N. Zequeson, learned counsel appearing for the petitioner, Mr. H. S Paonam, learned senior counsel assisted by Mr. S. Gunabanta, learned counsel appearing for the respondent No. 1 and Mr. B. R Sharma, learned counsel appearing for the respondent No. 4. None appeared for the other respondents.
After hearing the submission advanced by the parties and after careful perusal of the record, the following issues are framed for determination :-
1. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to his true and correct age at the oath and affirmation portion of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
2. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to social 1 media accounts under Para (3) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
3. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to his PAN being AQSPN2654J along with the income tax returns filed under the said PAN at the relevant column of Para (4) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
4. Whether the Respondent No. 1 deliberately and intentionally failed to disclose to his dependent son, namely, Aayan Nasir under the relevant column of Para (4) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
5. Whether the Respondent No. 1 deliberately and intentionally kept blank Para (6A) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
6. Whether the Respondent No. 1 deliberately and intentionally failed to disclose the Current Bank A/c No. 25879422012 at IndusInd Bank, Porompat Branch belonging to his Spouse, Mrs. Anjalina Ningthoujam as well as the details of deposit therein under the relevant column at Para (7A)(ii) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning 2 Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
7. Whether the Respondent No. 1 deliberately and intentionally failed to disclose the Current Bank A/c No. 914020001911060 at Axis Bank, Paona Bazar Branch belonging to his Spouse, Mrs. Anjalina Ningthoujam as well as the details of deposit therein under the relevant column at Para (7A)(ii) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
8. Whether the Respondent No. 1 deliberately and intentionally failed to disclose the Current Bank A/c No. 431805000562 at ICICI Bank, Singjamei Branch belonging to his Spouse, Mrs. Anjalina Ningthoujam as well as the details of deposit therein under the relevant column at Para (7A)(ii) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
9. Whether the Respondent No. 1 deliberately and intentionally failed to disclose the Current Bank A/c No. 095905500299at ICICI Bank, Imphal Branch belonging to his Spouse, Mrs. Anjalina Ningthoujam as well as the details of deposit therein under the relevant column at Para (7A)(ii) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
10. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the true and correct valuation of his two insurance policies 3 disclosed at Para (7A)(iv) of his Form 26 Affidavit dated 08-02-
2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
11. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the true and correct valuation of the four insurance policies of his spouse disclosed at Para (7A)(iv) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
12. Whether the Respondent No. 1 deliberately and intentionally failed to disclose the insurance policy being ICICI
- UA4 (IPRU Elite Wealth II) Policy No. 19466882 with Customer Id 45084772 belonging to his spouse in the name of "Mrs. Anjalina Nasir" under the relevant column at Para (7A)(iv) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
13. Whether the Respondent No. 1 deliberately and intentionally failed to disclose the insurance policy being ICICI
- UA6 (IPRU Wealth Builder II) Policy No. 19238332 with Customer Id 45084772 belonging to his spouse in the name of "Mrs. Anjalina Nasir" under the relevant column at Para (7A)(iv) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
14. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the 4 true and correct valuation of the insurance policy of his daughter, Aakifah Nasir disclosed at Para (7A)(iv) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
15. Whether the Respondent No. 1 deliberately and intentionally furnished false and misleading information that the Tata Safari Strom vehicle bearing Registration No. MN01S- 6333 belongs to his spouse, namely Anjalina Ningthoujam at Para (7A)(vi) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
16. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the area of Agricultural land at Taothabi class under Patta No. 69 (New), Dag No. 2079 situated at Village No. 17 - Chaobok, Thoubal under the relevant column at Para (7B)(i) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
17. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to his joint ownership in the Agricultural land of Phourel class under Patta No. 145 (new), Dag No. 1136, area 0.3155 hectare at Village No. 17 - Chaobok, Thoubal under the relevant column at Para (7B)(i) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
518. Whether the Respondent No. 1 deliberately and intentionally failed to disclosed the Agricultural Land of Phoural Class under Patta No. 12 (Old), 169/394 (New) Dag No. 387/1154 situated within village No. 11 - Laipham Siphai, Heingang, Imphal East recorded in the name of "Mrs Anniyah, W/o Mohd Nasir" under the relevant column at Para (7B)(i) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
19. Whether "Anjalina Ningthoujam" and "Mrs./Dr. Anniyah"
are one and the same person or whether "Mrs./Dr. Anniyah" is another spouse of the respondent No. 1 which he deliberately and intentionally concealed under the relevant column at Para (4) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
20. Whether the Respondent No. 1 deliberately and intentionally furnished false and misleading information pertaining to the area of the Land under Patta No. 12 (Old), 169/394 (New), Dag No. 387/1154 situated within Village No. 11 - Laipham Siphai, Heingang, Imphal East at Para (7B)(ii) column 4 of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
21. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to nature of loan he obtained from Legislative Assembly under Para (8)(i) of his Form 26 Affidavit dated 08-02-2022 filed before the 6 Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
22. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the pending liabilities of his spouse, Mrs. Anjalina Ningthoujam under ICICI Bank Credit Card No. 5241 9334 4121 0002 at Para (8)(i) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
23. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the pending liabilities of his spouse, Mrs. Anjalina Ningthoujam under ICICI Bank Credit Card No. 9401 1664 3326 7007 at Para (8)(i) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
24. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the details of his profession/occupation under Para (9) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
25. Whether the Respondent No. 1 deliberately and intentionally concealed material information pertaining to the details of profession/occupation of his spouse under Para (9) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
726. Whether the Respondent No. 1 deliberately and intentionally disclosed false and misleading information pertaining to the details of sources of his income under Para (9A) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
27. Whether the Respondent No. 1 deliberately and intentionally disclosed false and misleading information pertaining to the details of sources of income of his spouse under Para (9A) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
28. Whether the Respondent No. 1 deliberately and intentionally disclosed false and misleading information pertaining to his educational qualification, more particularly, the year of obtaining his Master of Arts Degree in Linguistics from Manipur University under Para (10) of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
29. Whether the Respondent No. 1 deliberately and intentionally concealed material information and disclosed false and misleading particulars relating to the above issues under the corresponding abstracts given in Part - B of his Form 26 Affidavit dated 08-02-2022 filed before the Returning Officer, 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
30. Whether the Form 26 Affidavit dated 08.02.2022 filed by the Respondent No. 1 under Rule 4A of the Conduct of 8 Elections rules, 1961 suffers from defects of substantial character materially affecting the result of the election?
31. Whether non-furnishing of material information and concealment of the material information in the prescribed Form 26 affidavit by the Respondent No. 1 shall be considered to be a violation of the order of the Hon'ble Supreme Court of India?
32. Whether the nomination paper and the relevant documents filed by the Respondent No. 1 is liable to be rejected by the Returning Officer of the 30- Lilong Assembly Constituency to the 12th Manipur Legislative Assembly Election under Section 36(2) of the Representative of People Act, 1951?
33. Whether the Returning Officer of the 30- Lilong Assembly Constituency to the 12th Manipur Legislative Assembly Election had improperly accepted the Nomination Paper of the respondent No. 1 during the Scrutiny on 18.02.2022?
34. Whether the election of the respondent No. 1 has been materially affected by the improper acceptance of his nomination paper by the Returning Officer of 30- Lilong Assembly Constituency?
35. Whether the election of the Respondent No. 1 to be the returned candidate of 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022 is null and void?
36 Whether the Petitioner is entitled to the relief sought for declaration as the elected/returned candidate of 30- Lilong Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022?
937 Whether the Election Petition is maintainable as the Election Petitioner has failed to disclose the cause of action and the Election Petition is not triable?
38 Whether the Form 26 Affidavit of the Respondent No. 1 which has been accepted by the Returning Office in accordance with the Representation of People's Act, 1951 suffered from any defect?
39 Whether the conduct of the Election Petitioner in submitting false Form 26 Affidavit would entailed him to file the present Election Petition with relief as sought therein. 40 Whether the allegation made in the Election Petition would constitute a triable issue under the Representation of People's Act, 1951 as the Election Petitioner has failed to disclose the source of the information narrated therein.
As prayed for, list this case again on 10th April, 2023. In the meantime, parties are directed to file the list of witnesses and documents to be relied on by both the parties on or before the next date.
JUDGE
kim
10
Item No. 22
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
El. Recr.Pet. No. 15 of 2022
Md. Abdul Nasir ....Petitioner(s)
-Versus-
Y. Antas Khan & 3 Ors ....Respondent(s)
BEFORE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
27.03.2023
Mr. H. S Paonam, learned senior counsel appeared for the petitioner. Mr. Devendra Sharma, learned counsel assisted by Mr. N. Zequeson, learned counsel appeared for the respondent No. 1 and Mr. B.R Sharma, learned counsel appeared for the respondent No. 4. None appeared for the other respondents.
Learned senior counsel appearing for the petitioner seeks three days' time for filing replication to the written statement filed by the respondent No. 1.
As prayed for, list this case again on 10th April, 2023.
JUDGE
kim
11
Item No. 23
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(El.Pet.) No. 90 of 2022
Md. Abdul Nasir ....Applicant(s)
-Versus-
Y. Antas Khan & 3 Ors ....Respondent(s)
BEFORE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
27.03.2023
On joint prayer made by the counsel appearing for the parties, list this case again on 10th April, 2023 for consideration and disposal.
JUDGE kim 12