The alleged crime committed by Henry related to the smuggling of narcotic drugs is one of the heinous crimes against the society and the acts committed by him amounts to corrupt practice within the meaning of ‘Undue Influence’, it said, declaring Y Erabot as a member of 15-Wangkhei AC
TFM Desk
The Manipur High Court on Thursday dealt a body blow to Okram Henry Singh as it declared his election as member of 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly as null and void.
In the judgment in an election petition, a single bench of Justice MV Muralidaran declared that petitioner Yumkham Erabot Singh is duly elected as a member of 15-Wangkhei Assembly Constituency.
In his election petition, Erabot alleged that Henry failed to disclose the details of the Criminal pending case, his educational qualification and name of spouse and his dependents.
The petition was filed under Section 100(1)(d)(i) and (iv) of the Representation of People Act, 1951 to declare that the election of Henry from 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly Election 2017 is null and void and to declare Erabot as the returned candidate/duly elected members from the constituency in the 11th Manipur Legislative Assembly Election 2017.
Further, the Petitioner has also prayed for passing an Order for initiation of Criminal proceedings against Henry under Section 125A and 127 of the Representation of People Act, 1951.
After hearing the arguments of both petitioner and respondent, the court observed it is an admitted fact that Henry failed to comply with Section 33 A of the RP Act, 1951 read Rule 4A of the Conduct of Elections Rules, 1961 in regard to the filling of the required information as per the Form 26 format.
The judgment listed the details of the criminal pending case against Henry. The description of the Sections where Henry has been charged are: Section 21 of ND & PS Act, 1985 (Punishment for contravention in relation to manufactured drugs and preparations), Section 25A of ND & PS Act, 1985 (Punishment for contravention of orders made under Section 9A.) Section 29 of ND & PS Act, 1985 (Punishment for abetment and criminal conspiracy), Section 32 of ND & PS Act, 1985 (Punishment for offence for which no punishment is provided), Section 120B of IPC (Punishment of criminal conspiracy), Section 420 of IPC (Cheating and dishonestly inducing delivery of property), Section 468 of IPC (Forgery for purpose of cheating), Section 471 of IPC, (Using as genuine a forged document or electronic record), Section 506 of IPC (Punishment for criminal intimidation), it said.
The court observed it is not disputed that Henry failed to disclose the information regarding “short description of the offences for which charged.”
The high court further said, “Moreover, the alleged crime committed by Henry is relating with the smuggling of Narcotic Drugs which is one of the heinous crime against the society and the acts committed by Henry amounts to corrupt practice within the meaning of “Undue Influence” which is provided by the Section 123 (2) of the RP, Act, 1951 and whatever votes obtained by Henry through undue influence are deemed to be wastes or invalid. As such, these two issues are answered in favour of the Petitioner,” it said.
“In the ND & PS Case, onus to disprove the charges of the prosecution lies to the accused which is different from the other Criminal Cases and as such, it should be presumed that O Henry has involved in the ND & PS Case until and unless it is disproved after the trial. If O Henry disclosed the said “short description of the offences for which charged” in his Affidavit dated 13/02/2017, he would not have any chance to win the election,” said the court.
The high court also said furnishing of incorrect and incomplete information about the Special Trial, his educational qualification, pending Criminal Case No. 17 of 2017 in the Affidavit filed along with the nomination paper in terms of the provisions under Section 33, 33-A of the RP. Act, 1951 read with Article 173 of the Constitution of India deserves to be rejected on the ground of improper acceptance,”
In his affidavit dated 09/02/2012 filed along with the nomination paper before the Returning Officer for election to the 10th Manipur Legislative Assembly Election from 15- Wangkhei Assembly Constituency, Henry had furnished his highest educational qualification as “BA from Punjab University”. However, in the Affidavit dated 13/02/2017 filed along with the Nomination paper for 11th Manipur Legislative Assembly Election, 2017, Henry had furnished his highest educational qualification as passed XII from Manipur Public School.