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Showing contexts for: OUTER MANIPUR in Shri Lorho S. Pfoze vs Houlim Shokhopao Mater @ Benjamin on 25 March, 2021Matching Fragments
21. It has been stated by the applicant that the applicant defeated the election petitioner by a huge margin of 73,782 votes i.e., the applicant got 3,63,527 votes and the election petitioner got 2,89,745 votes and as such the election petition has been filed out of sheer desperation and without disclosing the cause of action.
22. It has been submitted on the behalf of the election petitioner that the election petitioner has specifically pleaded in paragraph 13 that on 26.3.2019, during the scrutiny, the Returning Officer, 2-Outer Manipur (ST) Parliamentary Constituency, abruptly and improperly accepted the nomination paper of the first respondent in the election petition (applicant herein) and there was no proper scrutiny as envisaged under Section 36(2) of the said Act. The election petitioner stated that the affidavit filed by the applicant (first respondent in the election) suffers from the following defects:
"38. That the cause of action for filing the present Election Petition arose on 23.05.2019 when the result of the Election was declared by the Returning Officer, 2 - Outer Manipur (ST) Parliamentary Constituency and the same is continuing within the jurisdiction of the Hon'ble Court,"
34. When this Court read over the averments set out in the election petition wholly, it is clear that the election petitioner has stated full and material particulars following the cause of action for filing the election petition. Prima facie, the election petitioner has narrated in the election petition regarding the non-disclosure of election expenditure incurred by the applicant.