Manipur High Court Declines Application For Rejection Of Election Petition Pending Against BJP MLA Sanasam Premchandra Singh

In a setback to the Manipur BJP MLA Sanasam Premchandra Singh, the Manipur High Court on Friday declined his application seeking rejection of an Election Petition filed against him for allegedly furnishing wrong information relating to his educational qualification and assets.

The Election Petition filed by the runner-up candidate Ahanthem Shanjoy Singh from JD(U) and other unsuccessful candidates challenged the 12th Manipur Assembly election held in 2022, where Sanasam was elected on BJP's ticket.

The election petitioners contended that Sanasam had filed wrong information regarding his educational qualification by mentioning the wrong particulars of the Board from where he did school education as it did not exist in the State of Assam (from where he did schooling). Further, the election petitioners submitted that Sanasam had not disclosed complete information about his movable and immovable assets and also concealed vital information about his and his spouse's property in FORM-26. Thus, it was prayed that his election be declared void and that the petitioner on the JD(U) ticket be elected.

Consequently, Sanasam preferred an application under Order VII Rule 11 of CPC for the rejection of the Election Petition. He pleaded that since there was no cause of action being mentioned in the petition therefore the election petition be dismissed at the threshold. Also, he argued that the election petition should be dismissed as the election petitioner's argument that the highest qualification could not be from a recognized board doesn't hold good.

Rejecting Sanasam's argument, the bench comprising Justice A. Guneshwar Sharma upon perusing the contents of the election petition observed that the petitioner has been able to disclose sufficient materials for framing issues to go for a full trial.

Further, the Court said, “the plea of the returned candidate that the highest qualification may not necessarily be only from a recognised Board, is not a ground for rejection of election petition.”

According to the Court, a plea for the validity of a certificate from a non-recognized Board/Institute is a question to be decided during the trial. Moreover, the Court was convinced of the fact that the election petition does mention about furnishing of wrong information about the assets and their concealment as narrated in Para 5-B, 5-C, 5-D, and 5-F of the election petition.

Accordingly, the application seeking rejection of the election petition was dismissed with a cost of Rs. 30,000/- to be deposited in favour of Manipur State Legal Services Authority.

“List election petition along with pending applications on 17.09.2024 for further proceeding. Returned candidate is directed to file proof of payment of cost before the next date.”, the Court added.

Appearance:

For the Applicant :: Mr.B.R.Sharma, Advocate

For the respondents :: Mr.N.Mahendra, Advocate Mr.Ajoy Pebam, Advocate Mr.Riyananda, Advocate Mr.Leo Rommel, Advocate

Case Title: Sanasam Premchandra Singh Versus Ahanthem Shanjoy Singh & Ors.

Click here to read/download the judgment