THOKCHOM MEINYA SINGH Vs. M NARA SINGH, S/O (L) M TONA SINGH

JUDGEMENT

(1.) Heard Shri N. Mahendra, assisted by Shri S. Samungou, the learned counsels for the petitioner/respondent and Shri L. Shashibhushan, the learned counsel appearing on behalf of the respondent/ applicant.

(2.) This is an application filed by the respondent/ applicant under the provisions of Section 81(3) read with Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") and Order 6 Rule 15 of CPC for dismissal of the election petition being E.P No. 1 of 2014. The said election petition being E.P No.1 of 2014 has been filed by the petitioner/ respondent challenging the validity and correctness of the 16th Lok Sabha Election from 1-Inner Manipur Parliamentary Constituency (hereinafter referred to as "the Inner Constituency") in Manipur to the house of the people on the main ground of commission of corrupt practice of booth capturing by the respondent/ applicant. Two more prayers have also been made - one, to direct to seal the EVMs without VPPAT and other relevant papers, registers, poll materials, seals, etc. used in the said election and two, to direct for constitution of expert committee for cyber forensic examination and analysis of the EVMs without VVPAT used in all the polling stations.

(3.) According to the petitioner/ respondent, he was a candidate sponsored by the Communist Party of India (hereinafter referred to as "the CPI") to contest the 16th Lok Sabha Election from the Inner Constituency, Manipur which was held on 17-04-2014, the counting of which was commenced and completed on 16-05-2014 and the result thereof, was declared on the same day. In the said election, the EVMs without VVPAT were used by the Election Commission of India (hereinafter referred to as "the ECI") and the respondent/ applicant was declared elected to fill the seat in the House of the People from the said Inner Constituency, Manipur.