HC declines to declare Saratchandra elected Party hopping cited as reason
Source: The Sangai Express
Imphal, March 01 2016:
Together with declaring the election affidavit filed by Parliamentary Secretary (Youth Affairs and Sports) M Prithiviraj as void, a single Bench of the High Court of Manipur has declined to declare the petitioner (P Saratchandra) elected by virtue of declaring the rival candidate's affidavit as void.
The judgement was passed yesterday.
With regard to the petitioner's appeal for initiating procedure against the respondent (M Prithiviraj), Court remarked that it is of the view that it may not be necessary to issue any direction for initiating any proceeding against the respondent under Section 125-A of the Representation of People Act, 1951, and in so far as charge under Section 127 of the Act is concerned, no case is made out for any direction.
According to the case dossier, the election petitioner had submitted his nomination as a candidate of the Nationalist Congress Party (NCP) Manipur State for contesting the election in the 27th Moirang Assembly Constituency in the last election to the 10th Legislative Assembly held on January 28, 2012 in which the respondent was declared elected.
However, after filing the present election petition on April 18, 2012, the petitioner resigned from the Nationalist Congress Party (NCP) and joined the Bharatiya Janata Party (BJP), Manipur.
When he appeared as a witness and when asked by the Court as to whether he still remains a member of the NCP, he candidly stated before this Court that he is no longer a member of the NCP.
When asked by the Court as to whether he had resigned from the NCP, he answered that he had tendered resignation from the NCP in the latter part of 2013 .
Further, to the query of the Court as to whether he is a member of any other political party, he replied that he joined the BJP in the concluding part of 2013 and he has been a member of the BJP since then.