HC orders Usham Deben to pay ₹30k fine, dismisses plea
Source: Chronicle News Service
Imphal, June 15 2024:
In connection with an election petition, the High Court of Manipur has ordered the applicant to pay a fine of Rs 30,000 and dismissed the petition as well.
Md Fazur Rahman, who secured second highest number of votes from 36-Wabagai in the 12th Manipur Legislative Assembly Election had filed an election petition to the Manipur High Court with a prayer to declare the election victory of Usham Deben null and void.
Challenging the maintainability of the election petition, Usham Deben filed a counter petition against Md Fazur Rahman and three other respondents, at the same High Court.
The petition was heard by a bench of Justice A Guneshwar Sharma on June 14 .
After listening to the submission of the respective counsels and thorough examination of the records, the bench observed that the objection to the election petition, which was filed on April 22, 2022 after the election results were announced on March 10 but well within the specified 45 days deadline, has been rejected on limitation ground.
The court stated that with regard to the objection, a candidate can form a party under Section 82 of Representation of The People's Act, 1951 .
Thus, the objection raised with regard to the non joinder was dismissed.
On top of this, the objection filed by the return candidate on the maintainability of the election petition is covered under Order 7 Rule 11 read with Section 86 (1) Representation of The Peoples Act, 1951, of the Code of Civil Procedure and as such, will be discussed during the trial.
Thus, the Court dismissed the plea filed by the return candidate (Usham Deben) with regard to the maintainability of the election petition and also ordered the return candidate to pay fine of Rs 30,000 to the High Court Bar Association.