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Date of reserving
Judgment & Order                  ::   21.10.2020

Date of Judgment &
Order                             ::   05.11.2020


                      JUDGMENT AND ORDER
                            (CAV)


[1]              This election petition has been filed by the petitioner

under Section 100 (1) (d) (i) and (iv) of the Representation of People Act, 1951 to declare that the election of the first respondent from 37-Kakching Assembly Constituency in the 11th Manipur Legislative Assembly Election, 2017 is null and void and to declare that the petitioner is the duly elected Member In the 11th Manipur Legislative Assembly Election, 2017 from 37- Kakching Assembly Constituency.

Election Petition No. 1 of 2017 Page |3 [2] The case of the petitioner is that in the last 11 th Manipur Legislative Assembly Election, 2017 held on 8.3.2017, he was a contesting candidate in 37-Kakching Assembly Constituency set up by Bharatiya Janata Party. The Election Commission of India notified the election schedule for the 11th Manipur Legislative Assembly Election, 2017 on 4.1.2017 for holding election in two phases. Accordingly, the Election Commission of India, vide notification dated 9.2.2017, notified the second phase election schedule for 22 Assembly Constituencies in Manipur, including 37-Kakching Assembly Constituency in the following manner:

[7] According to the petitioner, due to improper acceptance ofthe nomination paper of the first respondent, the result of the election insofar as it concerns the first respondent has been materially affected. Since the first respondent intentionally concealed and failed to disclose the fact that his spouse is a retired Government Servant having served as the Director, Arts and Culture, Government of Manipur and concealed information of drawal of pension by his wife along with her bank balance and also concealed the loan amount borrowed Election Petition No. 1 of 2017 Page |6 from the State Bank of India for purchase of car, the election of the first respondent to be the returned candidate is liable to be set aside. In view of the fact that the petitioner is the second successful candidate, who secured 10503 votes is the next highest votes after the first respondent, is entitled to be declared as elected and becomes the returned candidate from 37- Kakching Assembly Constituency in the 11th Manipur Legislative Assembly Election, 2017.

(8) Whether the election of the first respondent as the candidate of 37-Kakching Assembly Constituency to the 11th Manipur Legislative Assembly Election, 2017 is null and void and if null and void whether the petitioner can be declared to be the elected candidate of 37-Kakching Assembly Constituency to the 11th Manipur Legislative Assembly Election, 2017?

[15] On the side of the petitioner, the petitioner examined himself as P.W.1, the proposer of the petitioner was examined as P.W.2 and the counting agent was examined as P.W.3 and Exs.P1 to P18 were marked. On the side of the first respondent, eight witnesses were examined and Exs.R1 to R58 were marked.