Criminal proceedings against the Respondent No. 1 under Section 125A and 127 of the Representation of People Act, 1951 : Manipur High Court
This particular decision is held by the High Court Of Manipur through the Single bench of Hon’ble Justice M.V. Muralidaran in the case of Yumkham Erabot Singh vs. Okram Henry Singh and Ors.,
Facts
This Election Petition was filed by the Petitioner under Section 100(1) (d) (i) and (iv) of the Representation of People Act, 1951 to declare the election of the respondent No. 1 from 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly Election 2017 as null and void and to declare the Petitioner as the Returned Candidate/duly elected member from 15-Wangkhei Assembly Constituency. Further, the Petitioner also prayed for passing an order for initiation of criminal proceedings against the Respondent No. 1 under Section 125A and 127 of the Representation of People Act, 1951.
Order Judgements
The Court held that Respondent No. 1 failed to disclose the name of his spouse and his dependents, pending criminal cases and educational qualification and as such, non-disclosure of such information would constitute a corrupt practice falling under heading ‘undue influence’ as defined under Section 123(2) of RP Act, 1951. It also observed that the alleged crime committed by Respondent No.1 related to smuggling of Narcotic Drugs which is one of heinous crime against society and that the acts committed by Respondent No. 1 amount to corrupt practice within the meaning of “Undue Influence” provided by Section 123(2) of RP, Act, 1951. Whatever votes obtained by Respondent No.1 through undue influence are deemed to be wasted or invalid. The Court allowed the election petition by declaring the election of Respondent No.1 as member of 15-Wangkhei Assembly Constituency as null and void. The Court further declared the petitioner as duly elected member of 15-Wangkhei Assembly Constituency.
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Judgement reviewed by- Mohammed Shoaib