- (1.) What ordinarily would have entailed dismissal of the special leave petition treating it with loathe, regard being had to the nature of the order passed by the learned Single Judge in Misc. Case (E.P) No. 1 of 2012 in Election Petition No. 1 of 2012 as he had only adjourned the matter, but the chronology of events, the ultimate consequence that would emerge by efflux of time, the command of the provision contained in Section 86(7) of the Representation of the People Act, 1951 (for brevity, "the Act"), every conceivable stand adopted in a dexterous manner by the respondent, the elected candidate, harbouring the notion that he singularly has the intellectual imperialism, which has the effect potentiality to frustrate and defeat the election trial, for the High Court has not even been able to frame issues lest proceed with the trial, has impelled us to interfere and write a verdict. It needs no special emphasis to state that causation of delay in the conclusion of the trial of an election petition leaves an impression that the elected candidate has the skilfulness to enjoy his full term without being concerned or bothered about the challenge to his election. As it appears, he does not perceive the pendency as hanging of the sword of Damocles or even if it is so, he believes that by his hypnotic power he can make it hang in the air so that the threat becomes totally non-existent. Either way, it depicts a sad state of things.
(2.) The necessary facts. The appellant, a resident of Phairembam Leikai, Morang located within the 27-Moirang Assembly Constituency of Bishnupur District, Manipur, was a candidate in the 10th Manipur Legislative Assembly Election from he said Constituency. The election for the Manipur Legislative Assembly was held on 28.01.2012 and the appellant contested as a candidate from the aforementioned constituency being nominated by the Nationalist Congress Party ("NCP" for short). The respondent became successful in the election and was declared as a member of the Manipur Legislative Assembly. It is apt to note here that at the time of scrutiny, the appellant had objected to the nomination of the respondent as per Section 36(2) of the Act on the ground that he had failed to file the proper affidavit as prescribed under Article 173 of the Constitution and further the affidavit was a forged one inasmuch as he had falsely stated at paragraph 9 of the affidavit dated 06.01.2012 that his highest educational qualification is MBA, and he had passed out from the Mysore University and that apart the said affidavit also contained certain other facts which were incorrect and he had also not subscribed to the oath before the Returning Officer or any competent authority as prescribed by the Election Commission of India. The Returning Officer, after affording an opportunity of hearing, declined to reject the nomination. After the election was over, the counting of votes took place and the respondent was declared as the elected candidate.
(3.) The appellant challenged the election before the High Court of Manipur at Imphal in Election Petition No. 1 of 2012. As the factual narration would unveil, the respondent filed the written statement after two years to the main election petition and during the pendency of the election petition, the returned candidate filed number of miscellaneous applications. It is pertinent to refer to the said applications, as Mr. N. Kumarjit, learned senior counsel for the appellant has laid immense emphasis them. We think it appropriate, for the sake of completeness, to reproduce the same:- "1. Misc. Case (EP) No.1 of 2012 as preliminary objection on the ground of maintainability of Election Petition No. 1 of 2012 filed on 27-06-2012 and the same is pending. 2. Misc. Case (EP) No. 4 of 2012 for amendment of his application in Misc. Case (EP) No. 1 of 2012. The same is partly allowed on 06-02-2013. 3. Misc. Case (EP) No.1 of 2013 for impleading the Returning Officer of the election and the same is rejected on15-04-2014. 4. Misc. Case (EP) No. 5 of 2014 filed by the respondent for amendment of application in Misc. Case (EP) No. 4 of 2014 was also allowed on 14-05-2014. 5. Misc. Case (EP) No. 4 of 2014 filed by the respondent for condoning the delay in filing the written statement was allowed on 02-06-2014. 6. On 02-06-2014 filed another misc. application i.e. Misc. Case (EP) No. 6 of 2014 for dismissing the Election Petition taking the ground that the Challan Copy for depositing cost under section 117 of the RP Act, 1951 is not signed by the petitioner. The same is pending. 7. Misc. Case (EP) No. 8 of 2014 filed for condonation of delay in filing the misc. application again for amendment of the misc. application in Misc. Case (EP) No. 1 of 2012 was allowed on 09-09-2014. 8. Misc. Case (EP) No. 9 of 2014 filed for amendment of the Misc. Application third time in Misc. Case (EP) No. 1 of 2012 was allowed on 09-09-2014. 9. Misc. Case (EP) No. 10 of 2014 filed for dismissal of the election petition on the ground that election petition is incomplete was withdrawn on 05-11-2014. 10. On 14-01-2015 filed another misc. application i.e. Misc. Case (EP) No. 1 of 2015 for dismissal of the election petition stating that no cause of action is disclosed. The same is pending.";