L. Nageswara Rao JUDGMENT
L. Nageswara Rao, J.
CIVIL APPEAL No. 2649 of 2016
1. The Appellant has filed this appeal aggrieved by the judgment of the High Court of Manipur at Imphal by which his election to the Manipur Legislative Assembly from Moirang Assembly constituency was declared as void.
2. A Notification was issued for election to the 10th Manipur Legislative Assembly on 04.01.2012. The Appellant belonging to the Indian National Congress (INC) and the Respondent who was sponsored by the Nationalist Congress Party (NCP) filed their nominations within the time prescribed. There was no other nomination filed. The Respondent objected to the nomination of the Appellant at the time of scrutiny on the ground that a false declaration relating to educational qualification was made by the Appellant. The Returning Officer directed the Appellant to submit documents in proof of his educational qualification as declared in the affidavit filed under Form 26. The Appellant failed to produce any document to prove his educational qualification in spite of which the Returning Officer accepted the nomination of the Appellant. Polling took place on 28.01.2012 and the counting of votes was held on 06.03.2012. The result was declared on the same day. The Appellant secured 14,521 votes and the Respondent secured 13,363 votes. The Appellant was declared elected as MLA, Moirang Constituency.
3. The Respondent challenged the election of the Appellant by filing an election petition in the Guwahati High Court seeking a declaration that the Appellant's election was null and void, that the Respondent should be declared as duly elected and that a criminal proceeding should be directed to be initiated against the Appellant Under Section 125-A and 127 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'). Apart from the ground of improper acceptance of nomination, the Respondent also alleged corrupt practices against the Appellant.
4. The Appellant denied the allegation of false declaration. According to the Appellant, the declaration made by him that he passed Master of Business Administration (MBA) in 2004 from Mysore University was a clerical error. The Respondent abandoned the allegation of corrupt practices and other electoral malpractices during the trial of the election petition in the High Court. The High Court framed six issues which are as follows:
i) Whether the Returning Officer of 27th Moirang AC has illegally accepted the nomination paper of the Respondent or not?
ii) Whether the election of the Respondent had been materially affected by the acceptance of the nomination paper of the Respondent by the R.O. of 27th Moirang A/C or not?
iii) Whether the Respondent had filed false affidavit in respect of the highest education qualification in the Form, in which the Respondent had mentioned "MBA Mysore University" or whether it was merely a clerical error?