Relief for Erabot as SC junks Henry's plea
Source: Chronicle News Service
Imphal, November 17 2021:
The Supreme Court of India has declared the election result of Okram Henry as a member of the 11th Manipur Legislative Assembly null and void, during the final hearing of the civil appeal case hied by Henry on Wednesday.
It further dismissed the civil appeal case hied by Henry challenging the Manipur High Court's order, declaring the second highest vote recipient Yumkham Erabot as the MLA of Wangkhei AC.
On Wednesday, a three-judge Bench of Justices Uday Umesh Lalit, Ravindra Bhat and M Trivedi examined the civil case during the election matter hearing, wherein the case was dismissed and then disposed of.
On May 6, a three-judge bench of the Supreme Court comprising Justices UU Lalit, Indira Banerjee and KM Joseph had admitted the civil case and passed an interim order, stating that Yumkham Erabot Singh will be entitled to represent the electorates in the Assembly and participate in debates.
However, he cannot cast any vote on the floor of the Assembly or in any committee of the House.
Moreover, he cannot draw any monetary benefits in respect of the office of MLA.
Erabot, however, could file an affidavit in response within a period of 4 weeks and a rejoinder within three weeks thereafter, the Court had decreed.
The civil appeal case was filed on behalf of O Henry by advocate Rajesh Mahale, mentioning Y Erabot and RK Priyobarta as respondents, who were represented by advocate Diksha Rai.
Petitioner O Henry had filed the case to the Supreme Court on April 22 and the same was registered on April 24 .
It may be mentioned here that the High Court of Manipur had passed a judgement in the case on April 15, declaring Okram Henry's win from Wangkhei AC in the 11th Manipur Legislative Assembly election in 2017 as null and void.
It further declared his opponent Yumkham Erabot Singh as the MLA, following which Erabot was sworn in by Speaker Y Khemchand on April 21 .
Okram Henry Singh is the nephew of former CM Okram Ibobi Singh.
He switched over to BJP from Congress in August, 2020.He was appointed as a cabinet minister for Municipal Administration, Housing and Urban Development on September 24.However, he ceased to be a minister owing to his inability to get elected to the Assembly within 6 months and as such, resigned from the post on March 24 .
Contesting on a Congress ticket in the Assembly election of 2017, Henry defeated his opponent and BJP candidate Yumkham Erabot Singh by a margin of 4,336 votes.
Erabot then filed an election petition to the Manipur High Court, accusing Okram Henry Singh of filing an incomplete affidavit such as failing to mention his wife, children, educational qualification and the pending criminal cases against him while submitting the nomination papers to the Election Commission for contesting the Wangkhei seat.