Court dismisses election petition against MLA Olish
Source: Chronicle News Service
Imphal, October 20 2023:
The Manipur High Court has dismissed an election petition filed by NPP candidate Lunkhopao Haokip against Chandel (ST) AC MLA SS Olish, who had won the seat in the 12th Manipur Legislative Assembly election in 2022 .
The petitioner filed the election petition requesting the court to declare Olish's win in the election, null and void.
Meanwhile, MLA Olish had filed a Miscellaneous Case (Election Petition) with a prayer to the court to dismiss the election petition as it had no basis.
During the hearing held in the court of Manipur High Court acting Chief Justice MV Muralidaran, the applicant's (respondent no.l) senior counsel Lenin Hijam stated that the election petition failed to provide any material fact and material particulars to constitute cause of action.
The grounds taken up in the petition is not permissible for challenging the election results of the respondent under Section 100 of CrPC.
Thus, the petitioner has no right to challenge the election result of the respondent.
On top of this, the petitioner did not level any charges against the respondent.
The returning officer of the election used the powers provided to him to reject the nomination paper of the election petitioner.
Petitioner's senior counsel HS Paonam submitted to the court that although there are adequate material facts and material particulars supporting the election petition, it could affect the true image of the country 's electoral process and violate the rights of the voters.
Thus, it is justified to declare the election win of the respondent null and void.
In addition, the petition clearly states the reasons for the continuing the cause of action.
The senior counsel also stated that the returning officer had no machinery or authority to investigate the errors in Form 26 of the petitioner's affidavit.
After thoroughly examining the election petition and listening to the submissions of the counsels, the court stated that the election petition failed to fulfil the legal requirement for constituting the cause of action due to lack of material fact.
The election petition also did not include the conscience of statement of the material fact and any disclosure of cause of action or charges against the respondent.
The election petition which does not have any charges or accusations cannot be taken up as per the law.
Furthermore, the petition was filed without the material fact and material particulars and as such, fulfils the criteria for dismissal for failing to abide by Section 83 (1) (A) and (B) of RPA.
Thus, the Court approved the Miscellaneous Case (Election Petition) no 140 of 2022 for Election Petition no 26 of 2022 and dismissed Election Petition no.26 of 2022 .