CJP: Manipur: Sunday, 29 October 2023.
On October 13, the Manipur High Court delivered a judgement re-iterating the recognition of right to information and the importance of voters’ speech or expression under the fundamental rights provided under the Constitution of India. The judgment held that the casting of votes is a part of the voter’s right to freedom of speech and expression under Article 19 (1) (a) of the Indian Constitution.
“Article 19(1)(a) of the Constitution of India provides for freedom of speech and expression. Voters’ speech or expression in case of election would include casting of votes, that is to say, voter speaks out or expresses by casting vote,” the Court said. (Para 35)
This particular judgment was delivered by Justice MV Muralidaran who was recently transferred to the Calcutta High Court. It further provides that while exercising the right to cast a vote, information about the candidate to be selected is must. The judgment also emphasised that the voter’s right to know the antecedents, including criminal past of the candidate contesting election for MP or MLA is much more fundamental and basic for survival of democracy.
The judgment of the court stated that “Voter’s right to know antecedents including criminal past of his candidate contesting election for MP or MLA is much more fundamental and basic for survival of democracy. The voter may think over before making his choice of electing law breakers as law makers” (Para 35)
This particular judgment was delivered by Justice MV Muralidaran, who was Acting Chief Justice at the time of decision and has recently been transferred to the Calcutta High Court. The said judgment has paved a path for a more transparent election process and can potentially have a serious impact in the arena of voting and election rights as it clarifies the legal character that the right to vote holds in India.
Facts of the present case:
The aforementioned observations were made by the Manipur High Court while hearing a plea filed by Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Thounaojam Shyamkumar. His plea urged for the dismissal of petitions filed that sought for his dismissal of his election from Andro Assembly Constituency during the 2022 Legislative Assembly polls. Shyamkumar’s election had been challenged by Manipur election runner-up candidate Lourembam Sanjoy Singh and his brother Lourembam Sanjit Singh on the ground of non-disclosure of information regarding the pendency of a criminal case against Shyamkumar. The petition had also raised allegations that Shyamkumar had committed the offence of corrupt practices owing to improper declaration of information regarding Shyamkumar’s wife’s non-agricultural land.
Observations of the court:
After hearing the parties of the plea, the Court observed that whether the criminal cases said to have been registered against the Shyamkumar were deliberately omitted from the FORM-26 at time of filing of nomination papers has to be decided during the trial by the Court. A similar observation was made by the Court with regard to mentioning of non-agricultural land and agricultural land in the relevant columns.
“Whether the allegation of the election petitioner and the second respondent (the Singh brothers) are correct or not has to be proved by the election petitioner and the second respondent respectively and further, as to whether, incorrect particulars have been mentioned in the affidavit in Form-26 by the first respondent/returned candidate and whether the alleged false affidavit would amount to violation of the provisions of Section 33 of the RP Act so as to render 24 the election of the first respondent void are to be considered by the Court in the course of trial,” Justice Muralidharan opined in Para 44 of the judgment.
In regards to this, the High Court rejected the plea filed by Shyamkumar and concluded that it cannot be said that election petitions against him do not contain a concise statement of material facts. Rather, the court held that the petitions disclose a cause of action against him.
It further observed that an election vitiated by reason of corrupt practices, illegalities and irregularities, as mentioned in Sections 100 and 123 of the Representation of People Act, cannot obviously be recognized and respected as the decision of the majority of the electorate. Observing this, the Court noted that it is the obligation of the Courts to examine such allegations, the bench said they cannot be “unduly hyper-technical” in their approach and oblivious of the ground realities.
On October 13, the Manipur High Court delivered a judgement re-iterating the recognition of right to information and the importance of voters’ speech or expression under the fundamental rights provided under the Constitution of India. The judgment held that the casting of votes is a part of the voter’s right to freedom of speech and expression under Article 19 (1) (a) of the Indian Constitution.
“Article 19(1)(a) of the Constitution of India provides for freedom of speech and expression. Voters’ speech or expression in case of election would include casting of votes, that is to say, voter speaks out or expresses by casting vote,” the Court said. (Para 35)
This particular judgment was delivered by Justice MV Muralidaran who was recently transferred to the Calcutta High Court. It further provides that while exercising the right to cast a vote, information about the candidate to be selected is must. The judgment also emphasised that the voter’s right to know the antecedents, including criminal past of the candidate contesting election for MP or MLA is much more fundamental and basic for survival of democracy.
The judgment of the court stated that “Voter’s right to know antecedents including criminal past of his candidate contesting election for MP or MLA is much more fundamental and basic for survival of democracy. The voter may think over before making his choice of electing law breakers as law makers” (Para 35)
This particular judgment was delivered by Justice MV Muralidaran, who was Acting Chief Justice at the time of decision and has recently been transferred to the Calcutta High Court. The said judgment has paved a path for a more transparent election process and can potentially have a serious impact in the arena of voting and election rights as it clarifies the legal character that the right to vote holds in India.
Facts of the present case:
The aforementioned observations were made by the Manipur High Court while hearing a plea filed by Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Thounaojam Shyamkumar. His plea urged for the dismissal of petitions filed that sought for his dismissal of his election from Andro Assembly Constituency during the 2022 Legislative Assembly polls. Shyamkumar’s election had been challenged by Manipur election runner-up candidate Lourembam Sanjoy Singh and his brother Lourembam Sanjit Singh on the ground of non-disclosure of information regarding the pendency of a criminal case against Shyamkumar. The petition had also raised allegations that Shyamkumar had committed the offence of corrupt practices owing to improper declaration of information regarding Shyamkumar’s wife’s non-agricultural land.
Observations of the court:
After hearing the parties of the plea, the Court observed that whether the criminal cases said to have been registered against the Shyamkumar were deliberately omitted from the FORM-26 at time of filing of nomination papers has to be decided during the trial by the Court. A similar observation was made by the Court with regard to mentioning of non-agricultural land and agricultural land in the relevant columns.
“Whether the allegation of the election petitioner and the second respondent (the Singh brothers) are correct or not has to be proved by the election petitioner and the second respondent respectively and further, as to whether, incorrect particulars have been mentioned in the affidavit in Form-26 by the first respondent/returned candidate and whether the alleged false affidavit would amount to violation of the provisions of Section 33 of the RP Act so as to render 24 the election of the first respondent void are to be considered by the Court in the course of trial,” Justice Muralidharan opined in Para 44 of the judgment.
In regards to this, the High Court rejected the plea filed by Shyamkumar and concluded that it cannot be said that election petitions against him do not contain a concise statement of material facts. Rather, the court held that the petitions disclose a cause of action against him.
It further observed that an election vitiated by reason of corrupt practices, illegalities and irregularities, as mentioned in Sections 100 and 123 of the Representation of People Act, cannot obviously be recognized and respected as the decision of the majority of the electorate. Observing this, the Court noted that it is the obligation of the Courts to examine such allegations, the bench said they cannot be “unduly hyper-technical” in their approach and oblivious of the ground realities.
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