Sri Mairembam Prithviraj @ Prithibiraj ... vs Shri Pukhrem Sharatchandra Singh

A Notification was issued for election to the 10th Manipur Legislative Assembly on 04.01.2012. The Appellant belonging to the Nationalist Congress Party (NCP) and the Respondent who was sponsored by the Indian National Congress (INC) filed their nominations within the time prescribed. There was no other nomination filed. The Respondent objected to the nomination of the Appellant at the time of scrutiny on the ground that a false declaration relating to educational qualification was made by the Appellant. The Returning Officer directed the Appellant to submit documents in proof of his educational qualification as declared in the affidavit filed under Form 26. The Appellant failed to produce any document to prove his educational qualification in spite of which the Returning Officer accepted the nomination of the Appellant. Polling took place on 28.01.2012 and the counting of votes was held on 06.03.2012. The result was declared on the same day. The Appellant secured 14,521 votes and the Respondent secured 13,363 votes. The Appellant was declared elected as MLA, Moirang Constituency.

The Appellant contended that the Respondent failed to plead and prove that the result was ‘materially affected’ as required under Section 100 (1) (d) of the Act. The High Court did not accept the said contention on the ground that there were only two candidates in the fray in which case it was not necessary to prove that the result of election of the returned candidate was materially affected. The High Court further held if it is found that the Appellant’s nomination was improperly accepted, the result of his election stood automatically affected materially. The High Court on the basis of the above reasons declared the election of the Appellant as void. The Appellant has filed this appeal challenging the same.

It is agreed that in the first case the result of the election is not materially affected because if all the wasted votes are added to the votes of the candidate securing the highest votes, it will make no difference to the result and the returned candidate will retain the seat. In the other two cases it is contended that the result is materially affected. So far as the third case is concerned it may be readily conceded that such would be the conclusion. But we are not prepared to hold that the mere fact that the wasted votes are greater than the margin of votes between the returned candidate and the candidate securing the next highest number of votes must lead to the necessary inference that the result of the election has been materially affected. That is a matter which has to be proved and the onus of proving it lies upon the petitioner. It will not do merely to say that all or a majority of the wasted votes might have gone to the next highest candidate. The casting of votes at an election depends upon a variety of factors and it is not possible for any one to predicate how many or which proportion of the votes will go to one or the other of the candidates. While it must be recognised that the petitioner in such a case is confronted with a difficult situation, it is not possible to relieve him of the duty imposed upon him by Section 100(1)(c) and hold without evidence that the duty has been discharged. Should the petitioner fail to adduce satisfactory evidence to enable the Court to find in his favour on this point, the inevitable result would be that the Tribunal would not interfere in his favour and would allow the election to stand.” (Underlining ours).

For the aforementioned reasons, the Civil Appeal is dismissed. No costs.

For the aforesaid reasons, the Civil Appeal is dismissed. No order as to costs.