Manipur High Court declares Election of Y Surchandra of Kakching AC null
BJP's Rameshwor is the new MLA
Source: IT News
Imphal, November 05 2020:
At what could be term as a landmark judgment, the bench of Justice M V Muralidaran of the Manipur High Court today declares the election of Kakching Assembly Constituency of the 11th Manipur Legislative Assembly as null and void.
.MRameshwar who got 10503 votes in the election and was place in the second has been declared as the MLA of the constituency.
Y Surchandra who contested the election as Congress candidate was declared the MLA after winning the seat with 11133 votes.
Interestingly, Y Surchandra has been disqualified for violation of the 10th Scheduled of the Indian Constitution after he left Congress and joined the BJP along with 6 others.
While 5 of the member of the 11th Manipur Legislative Assembly have resigned from the post.
Of the 13 vacant seat by-election is being conducted in 4 assembly constituency on November 7 after 1 constituency -Singhat has been declared won by BJP candidate after the opponent withdrew.
After the disqualification Kakching Assembly constituency has been without MLA and the ECI could not conduct by-election as due to the pending court case in 8 assembly constituencies.
Mayanglangbam Rameshwar Singh the BJP candidate who is declared as the new MLA , filed the petition against the then Congress MLA Y.Surchandra and CPI candidate N Achouba against failure to provide financial asset and property in the election affidavit.
The election petition has been filed by the petitioner under Section 100 (1) (d) (i) and (iv) of the Representation of People Act, 1951 to declare that the election of the first respondent from 37-Kakching Assembly Constituency in the 11th Manipur Legislative Assembly Election, 2017 is null and void and to declare that the petitioner is the duly elected Member In the 11th Manipur Legislative Assembly Election, 2017 from 37- Kakching Assembly Constituency.
In the petition the petitioner, Rameshwar stated that congress candidate Y Surchandra filed his affidavit dated 9.2.2017 along with his nomination paper and on17.2.2017, during the scrutiny, the petitioner and his election
agent raised objections to the nomination of the first respondent he has failed to disclose full particulars of his assets and liabilities including the assets and liabilities of his dependants.
Besides the petitioner stated that Surchandra has failed to disclose vital material information in his affidavit pertaining to his Non-Agricultural lands.
He has also failed to disclose the details of loan or dues to Bank/Financial Institutions and also has failed to disclose the details of deposits in Bank Accounts of his spouse.
The High Court ruling thus concluded that it has been pointed out by the learned counsel for the petitioner that as against the judgment of the Andhra Pradesh High Court in 2018 SCC OnLine Hyd 413, the respondent K Eranna, preferred Civil Appeal No.11908 of 2018 before the Hon ble Supreme Court and by the order dated 12.12.2018, the Civil Appeal No.11908 of 2018 stands dismissed and he has also produced the judgment of the Hon'ble Supreme Court.
Thus, judgment of the Andhra Pradesh in K.Erranna (supra) is squarely applies to the case on hand.
"As stated supra, the first respondent got 11133 votes and the petitioner got 10503 votes.
The First respondent was declared as elected member of 37-Kakching Assembly Constituency.
Among all the candidates contested the petitioner secured 10503 votes after the first respondent.
Consequent upon the findings that the election of the first respondent is declared as null and void, the petitioner is entitled to be declared as elected member of 37-Kakching Assembly Constituency.
Issue No.8 is answered in favour of the petitioner" .
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