‘Yumkham Erabot Singh has approached Manipur Legislative Assembly to debar Okram Henry Singh from contesting election for period of six years under section 8A of RP Act
TFM Report
Sitting MLA of 15 Wangkhei Assembly Constituency Yumkham Erabot Singh has approached Manipur Legislative Assembly to debar Okram Henry Singh from contesting election for a period of six years under section 8A of RP Act.
Erabot submitted an application to the secretary Legislative Assembly Manipur, who is empowered by Notification No. S.O. 367(E), dated the 25th May, 1976 as the competent authority specified under section 8A of the RP Act to accept petitions relating to corrupt practices. Drawing attention and necessary action from the Legislative Assembly Secretary, Erabot cited his election petition before the High Court of Manipur.
Erabot sought to disqualify Okram Henry under Section 8A and further to disqualify him from voting under section 11A of the RP Act as his Election as Member of 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly has been declared as null and void on the ground of “corrupt practice” under RP Act by the High Court of Manipur.
Erabot maintained that the High Court in its order dated 15/04/2021 also has specifically observed that the crime committed by Okram Henry Singh was relating with the smuggling of Drugs which is one of the heinous crimes against the society and the acts committed by Okram Henry Singh amounts to corrupt practice within Section 123(2) of the RP Act. As such, being held as corrupt practice by the High Court the same is to be read as an order under section 99 of the RP Act, he added.
Stating that even though the Manipur state Election Commission was well aware of the order of the High Court of Manipur about the corrupt practice committed by Okram Henry Singh, Erabot claimed they deliberately failed to hold him as disqualified from contesting election and take appropriate actions under Section 8A of RP Act. The State Election Commission even failed to file any complaint or lodge FIR against Okram Henry Singh, he lamented.
In the Election Petition No. 2/2017, Erabot had challenged the election of Okram Henry Singh as member of the 11th Manipur Legislative Assembly Election-2017 from 15-Wangkhei Assembly Constituency.
Stating that under Section 33A of the Representation of the People Act, 1951, a candidate must furnish all information truly and correctly and that no information shall be concealed or misrepresented, the election petition claimed that Okram Henry Singh deliberately misrepresented and concealed his educational Qualification, criminal case pending against him before the Court of the Court of CIM, Imphal West in the affidavit filed along with nomination paper in the 11th Manipur Legislative Assembly Election. Henry had also failed to disclose the name of his spouse and his dependents, it added.
The petition also alleged O Henry deliberately and knowingly concealed the Special Trial Case pertaining to Narcotics drugs pending before the Court of the Learned Special Judge, ND & PS, Manipur at Imphal.
Admitting the petition, the high court had declared the election of Okram Henry Singh as Member of 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly as null and void. It declared that Erabot is duly elected as a member of 15 Wangkhei Assembly Constituency, said the application.
Being aggrieved, Okram Henry Singh filed an appeal before the Supreme Court of India against the judgment and order dated 15/04/2021 passed by the High Court of Manipur. However, after hearing the parties, the Supreme Court dismissed the appeal on 17/11/2021.