HC dismisses
Source: The Sangai Express
Imphal, June 14 2024:
The High Court of Manipur has dismissed the miscellaneous petition of Wabgai AC MLA Usham Deben which was filed in response to the election petition filed against him by one Md Fajur Rahim.
In his petition, U Deben challenged the maintainability of the election petition filed against him under Order 7 Rule 11 of the Code of Civil Procedure (CPC) .
Actually, the election petition of Md Fajur Rahim listed four persons as respondents with MLA Deben as the respondent no 1 and prayed that he be declared as the elected member of the 12th Manipur Legislative Assembly from Wabgai AC.
The election petitioner claimed that there were irregularities in casting votes as many people have cast their votes twice through ETBPS and postal ballots in collusion with U Deben in Wabgai AC.
The MLA of Wabgai AC, on the other hand, questioned the maintainability of the election petition filed against him by giving varied reasons.
He argued that the election petition can be rejected as material facts submitted were incomplete and didn't mention "attested to be true copy" in multiple pages.
No separate affidavit was also filed in support of the allegation of corrupt practice made by Fajur , the MLA said in his miscellaneous petition.
The Court, however, said that objections raised by U Deben do not fall within the purview of the provisions of Order 7 of Rule 11 CPC read with Section 86 (1) of Representation of the People Act, 1951 and the same are to be considered during trial.
The High Court disposed of the application of the MLA by saying that that there is no merit in the plea of maintainability he raised.
The High Court also directed U Deben to pay Rs 30,000 in favour of High Court Bar Association, Manipur towards relief purposes.