Jotin Vs Joykishan case:

Jotin Vs Joykishan case:

SC directs Manipur HC to dispose Election Petition Case

TMB Report

IMPHAL: The Supreme Court of India has directed the High Court of Manipur to dispose off the Election Petition Case No 8-2017 filed by Jyotin Waikhom against MLA  Khumukcham Joykishan in connection with submission of false election affidavit within a period of two months.

The case was supposed to come up on 31st July but due to the urgent nature of the case the Supreme Court preponed it to Tuesday (July 28) and gave the directive to dispose of the matter within two months.

In 2017 Jotin Waikhom, who contested in Thangmeiband AC as the BJP candidate filed the petition with the Manipur High Court alleging that the incumbent MLA had filed a false affidavit in connection with the State Assembly election 2017 in violation of the Representation of the People Act 1951.

In his petition, Jotin Waikhom alleged that the MLA concealed the material facts regarding his immovable properties. While submitting affidavit on 13th February 2017 to the returning officer, MLA Joykishan stated that the property given in Para A column (B) (iv) of form No. 26 which is under Dag No. 7148/7419 is a self-acquired property. Indeed as per the official record, the said property was brought by him from one Tayenjam Bilashini Devi. Such statements of the MLA made in the affidavit that the immovable property is an inherited one is a false declaration.

While submitting the affidavit, the MLA also did not disclose the details of the non-Agricultural lands recorded in his name in the relevant land records as physical owner in respect of Dag no. 1087, Dag no 1026, Dag no. 1031, Dag no. 1028, Dag no 1030, Dag no. 1156, Dag no 1027, Dag no 1155, Dag no 1154 which are situated at Village no 100- Akpal Khulun, Sub division Lamshang Sekmai Tehshil of Imphal west.  In the said affidavit filed on 10th February 2017 or 13th February 2017, the MLA also intentionally and knowingly filld up in the relevant preferred format as NIL in part A(B) (4-ii) of the said affidavit. As such, the action and inaction of the MLA while submitting affidavit has caused materially affected in the election process. Therefore, the authority of the concerned RO of Thangameiband AC which declared Joykishan as returned candidate is null and void, stated the petitioner.

According to political analyst, Jotin Waikhom who ran second in the last election to 9-Thangmeiband AC is likely to become MLA of the AC if the Court proves the election affidavit filed by the MLA Joykishan to be false. 

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