Apex court junks SLP filed by Lamsang MLA S Rajen
Source: Chronicle News Service
Imphal, October 22 2023:
The Supreme Court of India has dismissed the Special Leave Petition (SLP) filed by incumbent Lamsang MLA S Rajen challenging an order of the High Court of Manipur.
A bench of the apex court comprising justices Sanjib Khanna and Bela M Trivedi conducted hearing of the SLP filed by MLA Rajen as petitioner and Pukhrambam Sumati Devi as respondent on October 19.After patient hearing of sub missions of counsels of both the sides, the court while observing that it does not want to interfere in the high court's ruling dismissed the SLP and also disposed pending application, if any.
S Rajen got elected in the 12th Manipur Legislative Assembly held in 2022 but the defeated candidate Pukhrambam Sumati filed an election petition challenging Rajen's election at the High Court of Manipur with S Rajen as respondent.
However, respondent S Rajen filed a miscellaneous case against the election petition filed by Sumati Devi and the matter was taken up by the court of then acting chief justice Muralidharan on September 14, 2023.Petitioner Sumati mentioned in her election petition that S Rajen wrongly mentioned educational qualification, father's name and his own age in the affidavit submitted at the time of filing nomination for the election.
Counsel for the petitioner also tabled before the court educational qualification the respondent submitted in the past election as well as in the present case.
In his election affidavit submitted in the 9th Manipur Legislative Assembly election held in 2007, S Rajen had mentioned that he passed BA from MU in 1985.In the 10th Manipur Legislative Assembly election held in 2012, S Rajen mentioned his educational qualification as BA pass from MU in 1992.In the 11th Manipur Legislative Assembly election held in 2017, S Rajen mentioned his educational qualification as BA pass from MU in 1992.However, in 12th Manipur Legislative Assembly election held in 2022, S Rajen mentioned his educational qualification as BA pass from YK College, Wangjing under MU in 1988 .
Apart from this, S Rajen mentioned his father's name as S Nila Singh in both 9th and 10th Manipur Legislative Assembly election held respectively in 2007 and 2012.However, in the 11th and 12th Manipur Legislative Assembly election held respectively in 2017 and 2022, S Rajen mentioned his father's name as Sorokhaibam Yaimabi Singh.
After through study of the election petition, the court observed that the petition disclosed cause of action which amounts to even making the election void and there were no material facts to disapprove charges made in the argument.
The court while further observing that it will not discuss issues on insertion or non-insertion of wrong information by the respondent and approval of respondent's election nomination by the returning officer, said the matter has to be discussed during trial of the case and dismissed the fniscellaneous case citing lack of merit.