HC junks poll petition against Phungyar MLA
Source: Chronicle News Service
Imphal, October 30 2023:
The High Court of Manipur, on Monday, rejected election petition (No 32 of 2022), which was filed against Phungyar MLA Leishiyo Keishing by one Awung Shimray Hopingson.
The petition sought the MLA's election declared null and void.
Justice MV Muralidaran presided over the case and made the judgment while hearing a petition filed by the MLA as a response to the original election petition, with the MLA urging the court to reject it on the grounds that the election petitioner failed to disclose essential facts and did not present a valid cause of action.
Senior advocate P Tomcha, the legal counsel representing MLA Leishiyo, argued that the petitioner lacked sufficient evidence to substantiate the claims.
Furthermore, the counsel pointed out that the petitioner alleged irregularities in the acceptance of the MLA's nomination, but no written or oral complaints were made at the time of nomination.
The election petition, Tomcha contended, was a result of the petitioner s inability to accept defeat gracefully.
Conversely, senior advocate HS Paonam, the legal counsel for the petitioner, argued that the election petition met all legal requirements and should not be dismissed without a proper trial.
Upon thorough examination of the case, the High Court found that the election petition lacked material facts necessary to establish a valid cause of action, as required under the Representation of the People (RP) Act.
The petition also failed to provide a concise statement of materialfacts and did not disclose any actionable issue.
The court observed that the election petitioner did not adequately detail how the scrutiny of the MLA's nomination papers was improperly conducted by the returning officer, or how government officials may have influenced the process.
The averments in the petition were vague and imprecise, making it impossible to warrant a trial.
The High Court further noted that the election petitioner did not demonstrate any legitimate damage endured or provide evidence of how alleged improper affidavits influenced the election results.
As a result, the court determined that the election petition did not comply with the provisions of the RP Act and deserved dismissal under Order 7, Rule 11 of the Civil Procedure Code due to the lack of a disclosed cause of action.
In light of these findings, the election petition against Phungyar MLA Leishiyo Keishing was dismissed.