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106. A candidate is not free to spend as much as he likes in the election. The law prescribes that the total election expenditure shall not exceed the maximum limit prescribed under Rule 90 of the Conduct of Election Rules, 1961. For the State of Manipur in the 17th Lok Sabha Election, 2019, a candidate can spend up to Rs.70 lakh.

Election Petition No. 1 of 2019 P a g e | 116

107. On a perusal of Exts.Z/9 series, it is clear that the amount incurred for election expenses comes to Rs.74,13,218/-, which is beyond Rs.70 lakh as prescribed by the Election Commission of India. In fact, during cross- examination, when learned counsel for the petitioner posed a question - Do you agree that all documents at Ext.Z/7 (Part-A Register), Ext.Z/8 (Part-B Register) and Ext.Z/9 (Part-C Register) are documents pertaining to you Election Expenditures of 17th Lok Sabha Election 2019 of 2-Outer Manipur (ST) parliamentary Constituency, the first respondent answered "Yes". Thus, from the details of election expenditure of the first respondent referred to above, it is clear that beyond the permitted limit, the first respondent incurred election expenses.

132. This Court is of the view that the affidavit in Form 26 filed by the first respondent suffers from the defects of substantial character. The petitioner also established that the first respondent filed affidavit in Form 26 dated 21.3.2019 along with the nomination paper submitted by him. The only uploaded affidavit in Form 26 of the first respondent is dated 21.3.2019 and while filing nomination along with the affidavit in Form 26, the first respondent has failed to follow the instructions of the Election Commission of India in relation to separate bank election expenditure. The act of the first respondent would amounts to corrupt practice and therefore, it materially affected the result of the election of 2-Outer Manipur (ST) Parliamentary Constituency to the 17th Lok Sabha, 2019.

135. The learned counsel for the petitioner submitted that having declared the election of the first respondent as void, the natural consequence in the present case would have been to declare the petitioner who is the only other remaining candidate secured highest votes next to the first respondent with valid nomination in the election for the 2-Outer Manipur Election Petition No. 1 of 2019 P a g e | 132 (ST) Parliamentary Constituency to be elected, by default in terms of the relevant provisions of the RP Act. In support, the learned counsel placed reliance upon the following decisions:

146. In the result,

a) the Election Petition is allowed by declaring the election of the Respondent No. 1 as Member of 2-Outer Manipur (ST) Parliamentary Constituency to the 17th Lok Sabha, 2019 as null and void;

b) this Court declared that the Petitioner is duly elected as a member of 2-Outer Manipur (ST) Parliamentary Constituency;