Dr Lorho disqualified, Benjamin Mate declared LS MP
Source: Chronicle News Service

Imphal, September 23 2022: The High Court of Manipur has nullified the election of NPF leader Dr Lorho S Pfoze to the 17th Lok Sabha from the Outer Manipur Parliamentary Constituency and declared Benjamin Mate of BJP as the elected representative to the Lok Sabha from the same constituency.

The order was passed on Friday by justice MV Muralidaran in connection with a petition filed by the BJP candidate from the Outer Manipur parliamentary constituency, Houlim Shokhopao Mate alias Benjamin Mate, who had moved the court to declare the election of Lorho Pfoze as null and void due to alleged discrepancies in filing of an election affidavit, among others.

According to the petitioner, during scrutiny of candidature conducted on March 29, 2019, the Returning Officer abruptly and improperly accepted the nomination paper of the first respondent, Lorho S Pfoze, without proper scrutiny as envisaged under Section 36 (2) of the RP Act.

The petitioner claimed that he (Dr Lorho) left Column 5 of Para 4 of the affidavit as blank as nothing is filled up in the relevant column.

The gross total value disclosed by the first respondent at Para 7-A(ix) showing Rs 52,23,704 for self and Rs 2,35,648 for spouse is not correct and misleading, thereby filing false affidavit.

He failed to disclose vital material information in his affidavit pertaining to his non-agricultural lands and other interest in immovable properties at Para 7-B(ii) and (v) despite having owning immovable properties at Kayinu Village, Mao in Senapati district.

He also failed to disclose the relevant details for showing a sum of Rs 1,12,50,000 at Para 7-B(vi) of his affidavit, and furnished misleading and false particulars/information at Para No (9B)(f) of his affidavit, thereby failed to disclose the details of contracts entered into by private companies in which candidate or spouse or dependents have share.

The particulars disclosed in the affidavit at Part B, Para (11)8(A) for the candidate and his spouse are falsely shown to be only Rs 3,24,704 and Rs 2,20,648 respectively, which were contradictory to the particulars entered in Part A of the same affidavit.

The particulars shown at Para No (11)8B(iii)(b) of Part B of the affidavit is also false as the NPF candidate disclosed only a sum of Rs 80,00,000 being the value of inherited immovable property at Part A, Para 7B(iv) of the affidavit, the petitioner claimed.

Meanwhile, denying the averments in the election petition, Lorho S Pfoze filed written statement stating that three nomination papers along with affidavits were submitted on various dates and since typographical mistakes were detected in first two nomination papers and affidavits, the third nomination paper and the affidavit in Form 26 were filed March 25, 2019 and the said nomination paper along with the accompanied affidavit was accepted by the Returning Officer at the time of scrutiny.

According to him, his nomination paper was rightly accepted by the Returning Officer in accordance with Section 36 of the RP Act.

On the other hand, the petitioner filed replication stating that Dr Lorho Pfoze may submit various nomination papers along with sworn affidavit in Form 26, however, the Returning Officer accepted the nomination paper along with affidavit in Form 26 dated March 21, 2019 and the said affidavit was uploaded at the official website of the Election Commission of India as per the guidelines of the Commission.

The affidavit dated March 25, 2019 was never affixed in a conspicuous place at the office of the Returning Officer for information of the electors as per Section 33A Clause 3 of the RP Act and also as per the instruction of the Election Commission of India.

After series of cross examination and checking the documents related, the court consequent upon the findings declared that the election of the first respondent, Lorho S Pfoze is declared as null and void and declared the petitioner Benjamin Mate as elected member of 2-Outer Manipur (ST) Parliamentary Constituency in the General Election to 17th Lok Sabha, 2019.Mention may be made that NPF candidate Lorho S Pfoze got received 3,63,527 votes and the BJP candidate Benjamin Mate got 2,89,745 votes in the 2019 Lok Sabha election.

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