Case Title: SHEIKH NOORUL HASSAN Versus NAHAKPAM INDRAJIT SINGH & ORS.
Case No: 1389 OF 2024
Decided on: 8th May , 2024
Quorum: HON’BLE MR. JUSTICE MANOJ MISRA
Facts of the case
The case concerns an election petition brought by Nahakpam Indrajit Singh, the first respondent, which aims to declare Sheikh Noorul Hassan’s election as invalid under many provisions of the Representation of Peoples Act, 1951. Additionally, the appeal requested that Nahakpam Indrajit Singh be recognized as the legitimate winner of the Kshetrigao Assembly Constituency
Issues
1. Whether Sheikh Noorul Hassan omit any information from the nomination paper/affidavit (Form 26) that would have materially affected the outcome of the election?
2. Whether Sections 100(1)(d)(i)(ii)(iv) and 100(1)(b) of the Representation of Peoples Act, 1951, is Sheikh Noorul Hassan’s election deemed invalid?
3. Whether Nahakpam Indrajit Singh, the candidate for the relevant legislative seat, considered duly elected?
Legal Provisions
The Representation of Peoples Act, 1951, contains the majority of the relevant legal requirements, specifically: Regarding grounds for declaring an election illegal due to incorrect acceptance or rejection of nominations or malpractices, see Section 100(1)(d)(i)(ii)(iv). Section 100(1)(b): Addresses the reasons for nullifying an election in case it isn’t carried out in compliance with the Act’s guiding principles
Appellant’s Contentions
The appellant, Sheikh Noorul Hassan, said that in addition to the written statement’s examination of the accusations of non-disclosure and improper disclosure, more data were presented to refute the election petitioner’s assertions
Respondent’s Contentions
The defendant, Nahakpam Indrajit Singh, contended that Sheikh Noorul Hassan omitted information about his bank account status and balances on Form 26, his liabilities, and his ownership of a car with the license plate DL4CNB47761.
Court Analysis and Judgement
The Supreme Court denied Sheikh Noorul Hassan’s appeal, maintaining the Manipur High Court’s ruling in Imphal that permitted the election petitioner to submit a replication in response to the new information presented in the returning candidate’s written statement. Justice Manoj Misra delivered the ruling, which was in opposition to the High Court’s 14.03.2023 order allowing the election petitioner to submit a replication.
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Judgement Analysis Written by – K.Immey Grace
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