HC rules: In Y Erabot, out O Henry
Source: The Sangai Express

Imphal, April 15 2021: The High Court of Manipur has declared Okram Henry's 2017 election null and void and declared former Minister Yumkham Erabot Singh as the winner of the election from 15 Wangkhei Assembly Constituency.

A single bench of Justice MV Muralidaran gave the order today when hearing a petition filed by Y Erabot which alleged that there are discrepancies in the nomination paper Okram Henry filed for the 2017 elections.

The petition also alleged that Okram Henry had filed contradictory information regarding his educational qualification in the nomination papers he filed in two consecutive Assembly elections of 2012 and 2017 .

Significantly the Wangkhei Assembly Constituency has been lying vacant after Okram Henry resigned from the Congress and the Assembly on August 11 last year along with five other Congress MLAs.

While by elections have been held in the other five Assembly Constituencies which fell vacant after the resignation of the respective MLAs, the same could not be held for Wangkhei AC due to the pending case in the Court.

HC rules: In Y Erabot, out O Henry

The others who quit the Congress and the Assembly along with Okram Henry are Md Abdul Nasir who represented Lilong Assembly Constituency, Oinam Lukhoi Singh (Wangoi), P Brojen (Wangjing-Tentha), Ngamthang Haokip (Saitu), Ginsuanhau (Singnat).

Except for Md Abdul Nasir, the other four were re-elected in the by elections as BJP candidates.

Okram Henry, who recently served as a Minister in the BJP-led Government had won the 2017 Assembly election on a Congress ticket beating his closest rival Y Erabot of the BJP by 4,336 votes.

The elections were held on March 4 and Okram Henry (INC) had secured 16,753 votes while Y Erabot Singh (BJP) and Rajkumar Priyobarta Singh secured 12,417 and 149 votes respectively.

Notably, this is the second time the High Court has passed such an order.

Earlier, in a similar case, the HC had declared Yengkhom Surchandra's 2017 election from Kakching Assembly Constituency null and void making his closest rival Mayanglambam Rameshwar the winner.

Alleging discrepancies in the nomination papers filed by Okram Henry, the petition filed by Y Erabot under relevant sections of the Representation of People Act, 1951 asked the High Court to declare the election of Okram Henry from 15 Wangkhei Assembly Constituency in the 11 Manipur Legislative Assembly null and void and declare him (Y Erabot) as the returned candidate/duly elected Member from 15 Wangkhei Assembly Constituency.

The petition also prayed for an order to initiate criminal proceedings against Okram Henry under Section 125A and 127 of the Representation of People Act, 1951.The petition claimed that Okram Henry had given contrasting educational qualifications in the nomination papers he filed for elections to the 10th and 11th Manipur Legislative Assembly.

In the 2012 elections, Okram Henry had furnished information that his highest educational qualification was BA from Punjab University.

Contradictorily, in the 2017 elections, he declared that his educational qualification is 'Class XII passed' from Manipur Public School.

The petition alleged that Okram Henry "deliberately misrepresented" his educational qualification in the affidavits (for 2012 and 2017 elections) creating confusion in the minds of innocent voters.

The election petition further mentioned that a criminal case against Okram Henry was pending before the Chief Judicial Magistrate Imphal West under Negotiable Instrument Act, 1881 and cognizance was up against him before filling the nomination paper for 2017 election.

Okram Henry was bound to provide details of the cases which is/are pending against him.

However, Okram Henry had marked 'NIL' against column 5 (ii) of the affidavit 'deliberately concealing' the pendency of the case before the CJM Imphal West Court, it said.

In addition, while a Special Trial case by the CBI was also pending against him before the Special Court ND&PS Manipur, his affidavit failed to furnish the (case) number of the Special Trial case and he had filled 'charge not framed' in his affidavit/nomination paper.

In response to the petition, Okram Henry submitted a written statement in the Court claiming he did not conceal any material facts while submitting his nomination paper.

Due to the 'bonafide mistake and inadvertence on his part' he mentioned his educational qualification as BA Punjab University in the 2012 election 'under the impression that if a person has cleared XII, his qualification should be written as BA' .

However, at the time of filing nomination for the 2017 elections, he came to know that he should mention his educational qualification as Class XII, said his written statement.

Okram Henry further submitted that on the date of filing nomination paper, service summon was not made in connection with the Negotiable Instrument Act case and it was served after filling of the nomination paper and the case was settled in April 2017 .

Also, no charges were framed at the time in the case pending before the Special Judge (ND&PS) Manipur, he claimed.

During the hearing, the Court examined four witnesses including petitioner Yumkham Erabot and Okram Henry.

The Court on perusal of the exhibits submitted before it observed that Okram Henry failed to disclose the details of the criminal case pending against him.

The alleged crime committed by Okram Henry is related to smuggling of the narcotic drug which is one of the heinous crimes against society and the acts committed by him amounts to corrupt practice within the meaning of "Undue Influence" which is provided by the Section 123 (2) of the RP Act 1951 .

And whatever votes obtained by him through undue influence are deemed to be wastes or invalid, the Court observed.

The Court then declared the election of Okram Henry null and void and declared Y Erabot as the duly elected Member of the Manipur Legislative Assembly from Wangkhei Assembly Constituency.