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Manipur High Court orders service of notice in election petition case

Former Moirang AC MLA M Prithviraj had filed an election petition against incumbent MLA Thongam Shanti at the Manipur High Court on Friday, challenging the latter’s win from Moirang AC on NPP ticket in the 12th Manipur Legislative Assembly Election.

ByIFP Bureau

Updated 24 Apr 2022, 4:30 am

Manipur High Court (PHOTO: IFP)
Manipur High Court (PHOTO: IFP)

A single bench of the Manipur High Court on Saturday directed the Registry to cause the service of notice on Thongam Shanti (MLA of Moirang AC) and Pukhrem Sharatchandra (INC candidate) by register post with AD card within one week, in connection with election petition filed by former MLA Mairembam Prithviraj against them.

Former Moirang AC MLA M Prithviraj had filed an election petition against incumbent MLA Thongam Shanti at the Manipur High Court on Friday, challenging the latter’s win from Moirang AC on NPP ticket in the 12th Manipur Legislative Assembly Election.

Mairembam Prithviraj (43), son of (L) Manindra of Moirang Kiyam Leikai filed the Election Petition No. 2 of 2022 in the court of the Chief Justice Sanjay Kumar, mentioning Thongam Shanti (61), son of (L) Th Ibohal of Moirang Kiyam Leikai and Pukhrem Saratchandra (73), son of (L) P Koiremba of Phairembam Leikai Moirang as respondents.

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According to the petition, when Shanti filed his nomination paper for the 12th Assembly election, he failed to provide exact details of agricultural land and private properties purchased under his and his wife’s names, along with exact details of sources of income of both husband and wife.

Despite this, the Returning Officer of 27-Moirang AC accepted the nomination paper filed by Shanti, in violation of the rules, as per the petition.

In the petition, it is stated that the Returning Officer, 27-Moirang Assembly Constituency in the election to 12th Manipur Legislative Assembly abruptly and improperly accepted the Nomination paper of Shanti.

There was no proper scrutiny as envisaged under Section 36(2) of the Representation of the People Act, 1951 and the Petitioner’s agent verbally objected to the non-disclosure of some of the important and vital information to the Form 26 Affidavit of Shanti.

As such, the votes secured by him (Shanti) are invalid and void, considering he should not have been allowed to contest the polls and his candidature was invalid, the petitioned mentioned, adding that only two candidates should have contested the election from the constituency.

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A candidate who had committed fraud and concealment of facts and lied to win the votes of the people is not competent enough to represent the people of 27-Moirang Assembly Constituency or of any other people of the state, stated on the petition.

Additionally, the petitioner received 12,206 votes in the polls and should be declared as the winner.
If the nomination paper of Shanti had been rejected, Prithviraj would have won the polls with the highest number of votes. However, as Shanti contested the polls illegally, the voters were left confused while choosing their representative, maintained the petition.

After listening to the submission of the petitioner’s counsel advocate Ajay Pebam, the Court directed for notices to be issued to both respondents and further directed them to respond within a week, while fixing the next hearing on May 6.

 

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First published:24 Apr 2022, 4:30 am

Tags:

election petitionMairembam Prithvirajmanipur HIgh CourtThongam Shanti

IFP Bureau

IFP Bureau

IMPHAL, Manipur

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