IMPHAL: The Manipur high court (HC) has ruled that petitioner Houlim Shokhopao Mate of the Bharatiya Janata Party (BJP) is legitimately elected from the parliamentary seat and that NPF leader Lorho S. Pfoze's election from the Outer Manipur Lok Sabha constituency in 2019 is null and void.
While granting the BJP candidate Mate's plea, the single bench of the HC Justice M.V. Muralidaran ruled Mate elected and NPF candidate Pfoze's election as invalid.
Mate, 36, had previously brought an election case before the Manipur High Court, arguing that Pfoze, 59,'s affidavit during the election process was full of inaccuracies and had numerous other flaws.
In his 150-page ruling, the judge stated: "Considering the eight candidates who ran, the petitioner's (Houlim Shokhopao Mate) claim to be declared an elected member cannot be denied for the reason that, of all the candidates, he received the second-highest number of votes after the first respondent (Lorho S Pfoze)." The petitioner is entitled to be recognised as elected in the general election for the 17th Lok Sabha, 2019, the court said in his ruling, "consequent upon the findings that the election of the first respondent is proclaimed as null and void."
According to the HC order, the petitioner received 2,89,745 votes, whereas the first respondent received 3,63,527 votes.
The Outer Manipur (ST) parliamentary constituency's returning officer abruptly and unfairly accepted Pfoze's nomination papers on March 21, 2019. Mate had contested Pfoze's candidacy during the inspection of the nomination papers, according to the lawyers.
The HC noted that it is important to note that the Representation of People's Act, 1951, only permits the filing of a maximum of four nomination papers. However, the candidate is required to file a duly sworn affidavit under Form 26 containing true and correct facts as well as complete information, which cannot be different, along with the nomination papers. The Court emphasised that the identical affidavit required by Form 26 must be submitted with each of the four nomination papers.
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