SANASAM BIRA SINGH Vs. NINGTHOUJAM MANGI
HIGH COURT OF MANIPUR
Sanasam Bira Singh
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(1.) Heard Shri Serto T. Kom, learned Advocate appearing for the applicant/ respondent No.1 and Shri A. Mohendro, learned Advocate appearing for the respondent No.1/ petitioner.
(2.) This is an application filed by the applicant/ respondent No.1 praying for framing preliminary issues which are as under:
(i) Whether the violation of the Instruction of the Election Commission of India bearing No. 76/ Instruction/ EEPS/ 2015/ Vol-II dated 9th June 2015 at Annexure-A/1 of the Election Petition, addressed to the Chief Electoral Officers of all States and UT 's more specifically in this case the instruction that candidates shall not receive any donation or loan in cash in excess of Rs. 20,000/- (Twenty Thousand) from a single person or entity during the Election process and all donations/ Loans in excess of Rs. 20,000/- shall be received by the Candidate by A/c Payee Cheque/ Draft or by account Transfer, amounts to corrupt practice within the meaning of Section 123(6) of the RP Act, 1951?
(ii) Whether there is any requirement to mention at para 8(i) and para 11(9) in the affidavit (Form-26) i.e. to be filed along with the nomination paper, as to whether the loan was utilised for the purpose for which loan was taken or obtained from banks?
(3.) According to the applicant/ respondent No.1, if the above proposed preliminary issues are decided in the negative, this court need not proceed with the trial of the election petition. If the violation of the instruction of the Election Commission of India dated 09-06-2015 does not amount to corrupt practice within the meaning of Section 123 of the Representation of Peoples Act, 1951 and also if there is no necessity of mentioning para 8(i) and para 11(9) in the affidavit, there will be no requirement for trial at all. In order to save the precious time of this court, it is necessary to frame the proposed preliminary issues for the end of justice.;
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