Dr. Nimaichand Luwang vs Shyamkumar & Anr

Lanusungkum Jamir, J

Heard Mr. A. Mohendro, learned counsel for the election petitioner as well as Mr. S. Gunabanta, learned counsel for the respondent No. 1.

The election petitioner has filed 7 (seven) suggested issues on 20th August, 2018 and the respondent No. 1 has filed 21 (twenty-one) suggested issues on 28.08.2019.

As the date, 28.08.2019 in the suggested issues filed by the respondent No. 1 is not properly legible, the same has been verified by Mr. S. Gunabanta, learned counsel appearing for the respondent No. 1 and he submits that the date is 28.08.2019. Learned counsel, Mr. S. Gunabanta further submits that the issues No. 1 to 4 are not pressed as they have been already considered in Misc Case (Election Pet.) No. 6 of 2017.

Accordingly, the following issues are framed on the consent of both the parties:

Whether the respondent No. 1 failed to disclose the materials information which ought to be furnished as per provisions of the Representation of the People Act, 1951 or not?

Whether the information to be furnished by way of affidavit provided in Form No. 26 prescribed under Rule 4 A of the Conduct of Election Rules, 1961 is suffered from defects of substantial characters or not?

Whether non-furnishing of material information and concealment of the material information in the prescribed Affidavit by the Respondent No. 1 shall be considered to be violation of the Order of the Hon'ble Supreme Court of India and nomination of the candidate concerned shall be liable to be rejected by the Returning Officer at the time of Scrutiny of nomination for such non-furnishing of proper Affidavit?

Whether the nomination paper along with the relevant documents filed by the Respondent No. 1 is liable to be rejected by the Returning Officer of the 7-Andro Assembly Constituency to the 11th Manipur Legislative Assembly Election under Section 36(2) of the Representation of the People Act, 1951 or not?

Whether the Returning Officer of the 7-Andro Assembly Constituency to the 11th Manipur Legislative Assembly Election had improperly accepted the Nomination Paper of the Respondent No. 1 during the Scrutiny without considering the objection dated 16/02/2017 or not?

Whether the election of the Respondent No. 1 to be the returned Candidate of 7-Andro Assembly Constituency to the 11th Manipur Legislative Assembly Election, 2017 is null and void or not?

Whether the Petitioner is qualified to be declared as duly elected Candidate of 7-Andro Assembly Constituency to the 11th Manipur Legislative Assembly Election, 2017 as per provision of law or not?

Whether election petition is not an election petition in the eyes of law? If so, whether election petition is fit to be dismissed summarily to prevent the abuse of process of law?

Whether the nomination of Sri Shyamkumar, the returned candidate has been improperly accepted by the Returning Officer?

Whether there has been non-compliance with the provision of Constitution or the Representation of the People Act, 1951 or of any rules or order made under this Act in favour of the returned candidate?

Whether the oath and certificate of oath submitted on behalf of the returned candidate, Sri Shyumkumar with his nomination is fake and manipulated one and invalid and objection in this regard has been improperly disposed of?

Whether the nomination of the returned candidate is in improper form and not in accordance with guidelines of Election Commission of India for filing nomination?

Whether the returned candidate has not disclosed in the nomination paper the case in whichi he is an accused of an offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction?

Whether the mere pendency of appeal in the High Court preferred by the State against acquittal of returned candidate by the trial Court in the case where he was arrayed as party would fall foul of the provisions of clause 5 of notification dated 1-8-2012 issued by the Central Government in conduct of Election Rules 2012.

Whether the finding on charge that there is no evidence against the returned candidate and also reiterated by High Court would still be determinative of non disclose attracting non compliance with the rules at the date of filing of nomination.

Whether the returned candidate has concealed any information in the nomination paper which he was required to disclose?

Whether the result of the election, in so far as it concerns returned candidate, has been materially affected by such non disclosure?

Whether such alleged non disclosure would tantamount to corrupt practice committed in the interest of the returned candidate?

Whether the filing of the alleged false affidavit which provides for penalty under Section 125 RPA Act would still be corrupt practice as contemplated by 100(d) of RPA Act.

Whether the election of the returned candidate Sri Shyamkumar is fit to be declared void?

Whether the election petitioner is fit to be declared as to have been duly elected?

Whether the petitioner is entitled to any other relief/reliefs in the case?

Whether there is a requirement of disclosure of information which are not sought for in the Format of Affidavit (Form 26) and whether non disclosure of such information amounts to swearing of false affidavit?

Which category of cases are required to be disclosed as mandated by Format of Affidavit (Form) which has been formulated in terms of the Apex Court Judgment in People's Union of Civil Liberty Vs Union of India reported in (2003)4 SCC 399 and whether non-disclosure of pendency of cases which are not the category as required in the Format amount to swearing of false affidavit?

Learned counsel appearing for both the parties are directed to appear before the Registrar (Judicial) on 15th October, 2019 at 1:00 pm for admission/denial of documents and after completion of the same, documents are to be exhibited.

List the matter again on 21st October, 2019 for filing of documents and list of witnesses.

Furnish a copy of this order to the Registrar (Judicial) for doing the needful.