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Pukhrem Sharatchandra Singh v. Mairembam Prithviraj @ Prithibiraj Singh

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8063 of 2015)Decided 1 Oct 2015
Civil Appeal No. 8063 of 2015
Justice Dipak Misra · Justice Prafulla C. Pant

Background

The appellant contested the 2012 Manipur Legislative Assembly election from Moirang constituency and lost to the respondent. He challenged the result in the Manipur High Court, alleging that the winner had filed a false educational qualification in his nomination affidavit. The election petition was then stalled for years by a series of applications and adjournments, many sought by the elected candidate, who also filed his written statement two years late and had still not had issues framed.

Decision Breakdown

The Supreme Court disposed of the appeal with firm directions to the High Court. It treated the repeated adjournments and delaying applications as a deliberate attempt to let the elected candidate finish his term before the challenge could be decided. Relying on Section 86(7) of the Representation of the People Act, 1951, which requires an election petition to be tried as expeditiously as possible, with an endeavour to conclude it within six months, the Court stressed that a voter's choice of representative must be tested promptly. The High Court was directed to frame issues, proceed with evidence, and decide the petition by the end of February 2016. The pending miscellaneous applications were to be decided at the time of final hearing rather than being allowed to hold up the trial.

Lesson Learnt

An election result can be challenged in court, and the courts can set firm deadlines to stop delay tactics. Parties who file a challenge should expect the court to press for a prompt hearing, and a winning candidate cannot use procedural applications to run out the clock.

Official source (sci.gov.in)View Judgment (PDF)

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