IMPHAL, March 18: The Supreme Court of India today stayed an earlier verdict of High Court of Manipur which declared the election result of 2012 electing M Prithviraj as Moirang MLA, ‘null and void’.
The order superseding the High Court’s verdict was passed by a division bench comprising of Justice Kurian Joseph and Justice Rohinton Fali Nariman.
Nevertheless, the bench said that the petitioner is permitted only to participate in the proceedings but not for voting and drawing any remuneration in the capacity as a MLA.
While both the counsels appearing on behalf of the petitioner and respondent agreed to hear the matter within eight weeks, the court also asked both the parties to file their counter affidavits in the meantime.
Mairembam Prithviraj, now the parliamentary secretary filed a civil appeal (no. 2649/2016) before the Supreme Court pleading to set aside the order of the High Court of Manipur under section 116A in the Representation of People’s Act, 1951.
The High Court of Manipur declared the election result ‘null and void’ following a petition filed by Pukhrem Sharatchandra Singh, the rival candidate (NCP candidate) of Prithviraj in the 2012 election of Manipur; who sought disqualification of the result for submitting false affidavit by Prithviraj.
Section 116A of the Representation of People’s Act, 1951 states:
(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99.
(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.