HC admits two election petitions
Source: The Sangai Express

Imphal, April 28 2022: The High Court of Manipur has admitted two different election petitions filed against Kakching AC MLA Mayanglambam Rameshwar and Kshetrigao MLA Sheikh Noorul Hassan.

The two MLAs have also been issued notices returnable before May 20 and May 23 respectively.

An election petition filed by Yengkhom Surchandra of Kakching Turel Wangma against MLA Mayanglambam Rameshwar was listed for hearing today before the Single Bench of Justice Lansungkum Jamir.

The election petition was filed under Sections 80, 80-A, 81 and 84 (read with Sections 100(1) (d) (i) (iv) and Section 101) of the Representation of the Peoples Act 1951 challenging the election of Mayanglambam Rameshwar as a Member of the 12th Manipur Legislative Assembly from Kakching Assembly constituency on the ground of improper acceptance of nomination of the respondent by the Returning Officer of Kakching Assembly Constituency.

HC admits two election petitions

It alleged that Mayanglambam Rameshwar failed to file proper affidavit and did not mention unsecured loan of Rs 92,90,000 in the income tax return filed for the year 2016-17 and subsequent years.

The petition also alleged that Mayanglambam Rameshwar failed to disclose about the criminal case now pending against him before Imphal Police Station in connection with an FIR.

Even though Mayanglambam Rameshwar claimed that he had only eight bank accounts as shown in his affidavit (Form-26) dated 10.2.2022, he mentioned 10 account numbers in the affidavit (Form-26) filed on 16.2.2017 .

Mayanglambam Rameshwar claimed that his outstanding gold loan amount was as Rs.9,90,000 as shown in the previous affidavit (Form 26) sworn on 16.2.2017 and the same amount was shown in the current affidavit (Form 26) filed on 10.2.2022 accompanying his nomination.

But this is unacceptable as the particular amount cannot be stagnant for a period of five years, the petitioner contended.

The petition also alleged that Mayanglambam Rameshwar failed to disclose the name of the School or College under Delhi University from where he passed MA Political Science and also failed to disclose the name of the school/college as per column 10 (4) from where he passed Bachelor of Law except Manipur University but Manipur University does not have separate Law College for studying LLB Degree Course.

The petition prayed for declaring the election of Mayanglambam Rameshwar from Kakching Assembly Constituency as Member of the 12th Manipur Legislative Assembly as null and void.

The petitioner also prayed for declaring him (Yengkhom Surchandra) as an elected Member of Manipur Legislative Assembly from Kakching Assembly Constituency in the 12th Manipur Legislative Assembly Election, 2022 .

The Court, after hearing the submission of the petitioner's counsel admitted the election petition and issued notice to the respondent (Mayanglambam Rameshwar) returnable before May 20 and listed the matter on the same day.

Another election petition filed by Nahakpam Indrajit against Kshetrigao MLA Sheikh Noorul Hassan was also accepted by the Single Bench of Justice MV Muralidaran Single.

The election petition challenged the election of Sheikh Noorul Hassan as Member of the 12th Manipur Legislative Assembly from Kshetrigao Assembly Constituency on the ground of improper acceptance of his nomination by the Returning Officer of Kshetrigao Assembly Constituency.

The petition alleged that Sheikh Noorul Hassan did not mention anything about two joint accounts, one savings account and a current account he opened at different banks in the affidavit he filed along with his nomination.

Further, a car registered in the name of Sheikh Noorul Hassan did not figure in the affidavit.

The respondent's wife is a Government servant but nothing is said about it in the affidavit, claimed the petitioner.

Moreover, Noorul's affidavit did not mention anything about an amount of Rs 32.38 lakh which he must pay back to a bank, according to the petition.

Citing these alleged anomalies, the petitioner prayed for declaration of the election of Sheikh Noorul Hassan as a Member of the 12th Manipur Legislative Assembly from Kshetrigao AC as null and void and to declare him (petitioner) as the representative of Kshetrigao AC.

After perusing the petition, the Court issued notice to the respondent returnable before May 23 .