A single bench of Justice A Guneshwar Sharma of the Manipur High Court dismissed a petition of MLA Usham Deben that pleaded to reject the election petition of former MLA Fajur Rahim, on the ground that the court did not find any merit in the plea of maintainability.
The HC, while dismissing the petition, directed MLA Usham Deben to pay Rs 30,000 in favour of High Court Bar Association, Manipur, towards relief purposes.
MLA Usham Deben challenged the election petition of former MLA Fajur Rahim, for rejection of the election petition on the ground of non-marking of annexures and challan in the election petition; non-disclosure of material facts; limitation; non-joinder of necessary party and other miscellaneous grounds.
However, during the proceeding, the HC rejected each ground of rejecting election petition. Further, the HC opined that the other objections raised by the returned candidate on maintainability of the election petition do not fall within the purview of the provisions of Order 7 Rule 11 CPC read with Section 86(1) of RPA, 1951 and the same are to be considered during the trial.
The High Court did not find any merit in the plea of maintainability raised by the returned candidate (MLA) and hence, dismissed the petition.
