The Supreme Court of India disposed the petition of MLA Khuraijam Loken with a direction to the High Court of Manipur to permit O Lukhoi for amending election petition filed before the High Court of Manipur.
MLA K Loken filed a petition before the SC seeking dismissal of the election petition for non-compliance of the mandatory provision contained in section 81 (3) and 83 of Representation of People’s Act, 1951.
MLA K Loken was declared elected from the 22-Wangoi Assembly Constituency in Manipur on March 10, 2022 while O Lukhoi was the unsuccessful contestant. However, Lukhoi filed an election petition on May 5, 2022 before the Manipur High Court to set aside the result of the election in Form 20 of 22-Wangoi Assembly Constituency from where Loken was elected.
In the election petition, Lukhoi alleged that MLA Loken committed corruption practices.
Thereafter, MLA Loken approached the SC stating that no specific averments were made and there was no affidavit as per Form-25 filed in support of such allegation of corrupt practices.
In the MLA’s special leave petition, he has sought for deletion of paragraph no. 34 in the election petition of Lukhoi.
In para 34 of Lukhoi, it is stated “That, it is further reiterated that the Respondent No.1. has committed various corrupt practices as defined under Section 123 of the Representation of the People Act, 1951.
Hence, the election of the Respondent No.1 is also liable to be set aside under Section 100(1)(b) of the Representation of the People Act, 1951.”
The SC disposed the petition with the direction to the High Court to permit O Lukhoi to amend the Election Petition to delete para No.34 from there in its entirety.
Consequently, the issue, if any, already framed by the High Court, regarding the commission of corrupt practices by the appellant, shall be deemed to have been set aside/recalled, stated the SC.
It also stated that the parties shall again be heard on the question of whether Lukhoi has made necessary averments in support of his plea of corrupt practices allegedly adopted by the appellant.
If the High Court finds that the requisite averments to that effect have been made, the High Court may re-frame the issue of corrupt practices and proceed further as per law. However, if the High Court finds that after deletion of para No.34, the Election Petition lacks any material averment with regard to the allegation of corrupt practices, there would be no need to frame the issue, it added.
