- (1.) While allowing Election Petition No.2 of 2017 preferred by respondent no.1 herein, following directions were issued by the High Court: "a) the Election petition is allowed by declaring the election of the Respondent No.1 as Member of 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly as null and void. b) this Court declared that the petitioner is duly elected as a member of 15-Wangkhei Assembly Constituency."
(2.) It must be noted that:- A) While the Election Petition was pending consideration before the High Court and after issues were framed by the High Court for consideration, the appellant herein resigned from the concerned Assembly Constituency on 10.08.2020. The Legislative Assembly accepted the resignation on 11.08.2020. B) At the time of disposal of the Election Petition by the order which is presently under challenge, no relief in terms of Section 116B(1) of the Representation of the People Act, 1951 ("the Act" for short) was prayed for by the appellant. C) In the circumstances, by virtue of the provisions of Section 107 of the Act, the order passed by the High Court became operative as soon as it was pronounced by the High Court.
(3.) Another development which must be noted is that respondent No.1 who was declared to have been elected by virtue of second relief granted by the High Court, was sworn-in as a Member of the Legislative Assembly on 21.04.2021 (the Gazette Notification being dated 20.04.2021).;