Court ordered parties to submit the list of witnesses and documents to be relied on by parties and fixed the next hearing on December 22.
TFM Desk
After an hours-long hearing in an election petition against Naoria Pakhanglakpa constituency MLA Sagolshem Kebi Devi of BJP, the High Court of Manipur has framed issues and ordered parties to submit the list of witnesses and documents to be relied on by parties.
Justice A. Bimol Singh on 7 December issued an order in this regard and listed the matter for 22 December. The election petition was filed by Ex-MLA Soibam Subhaschandra Singh of NPP. In the election petition, Soraishem Manaoton Singh of INC and Konthoujam Manoranjan Singh of JDU are other respondents.
Senior advocate HS Paonam appeared for the petitioner. He was assisted by S. Gunabanta. A Mohendro was counsel for Kebi while N. Bupenda Meitei and Ph. Sanajaoba appeared for Manaoton and Manoranjan.
The Court framed seven issues. They are:-
- Whether respondent No. 1 did not disclose her real name in the Form 26 affidavit filed along with her nomination paper for the 12th Manipur Legislative Assembly Election, 2022 in respect of 21-Naoriya Pakhanglakpa Assembly Constituency and whether such non-disclosure would amount to the swearing of false affidavit/declaration with regard to vital information of the candidate and materially affect the election of the respondent No. 1?
- Whether respondent No. 1 did not disclose the non-agricultural lands owned by her spouse in Form 26 affidavit filed by respondent No. 1 along with her nomination paper for the 12th Manipur Legislative Assembly Election, 2022 in respect of 21-Naoriya Pakhanglakpa Assembly Constituency and whether such non-disclosure would materially affect the election of the respondent No. 1?
- Whether respondent No. 1 did not correctly disclose the purchase cost of property belonging to her spouse in the Form 26 affidavit filed by her along with her nomination paper for the 12th Manipur Legislative Assembly Election, 2022 in respect of 21- Naoriya Pakhanglakpa Assembly Constituency and whether such non-disclosure would materially affect the election of the respondent No. 1?
- Whether the petitioner is entitled to be declared as a duly elected member in the 12th Manipur Legislative Assembly Election, 2022 in respect of the 21-Naoriya Pakhanglakpa Assembly Constituency?
- Whether the information given by respondent No. 1 in Form 26 of the Representation of People Act, 1950 was substantially complied or not.
- Whether there is any cause of action in filing the election petition?
- Whether the election petition is maintainable or not?
In another case connected with the election petition, the Manipur High Court rejected an application filed by S. Kebi Devi.
The application was filed raising objection to the filing of the replication of the election petitioner in response to the written statement in the election petition and also praying for rejecting the said replication.
However, the court said it did not find any new pleadings or make out a new case, which was not pleaded in the election petition. Rejecting the application, the court said that the objection raised by the applicant is unsustainable and without merit.