SC admits turncoat's appeal against Manipur HC order; Wangkhei MLA restrained from voting

In a key development, Supreme Court mitted appeal of BJP's Okram Henry Singh against Manipur HC's order declaring his election to Assembly in 2017 as null and void. Based on HC's verdict, his opponent Yumkham Erabot Singh was sworn in as an MLA on April 21. While matter has been listed for final disposal on July 27, apex court bench comprising Justices UU Lalit, Indira Banerjee and KM Joseph issued some interim reliefs in meantime.

For instance, Yumkham Erabot Singh will be entitled to represent electorate in Assembly and participate in debates. However, he cannot cast any vote on floor of Assembly or in any committee of House. Moreover, he cannot draw any monetary benefits in respect of office of MLA. He can file an affidavit in response within a period of 4 weeks and a rejoinder can be filed within three weeks reafter. 

Manipur HC order

Former Manipur CM Okram Ibobi Singh's nephew Okram Henry Singh switched over to BJP from Congress in August 2020. He was appointed as a Cabinet Minister for Municipal ministration, Housing and Urban Development on September 24. However, he ceased to be a Minister owing to his inability to get elected to Assembly within 6 months.

In this time period, Election Commission h not conducted by-poll. Manipur HC's order dated April 15 came on an election petition filed by BJP leer Yumkham Erabot Singh who accused Okram Henry Singh of filing an incomplete affidavit during submission of nomination papers for  Wangkhei seat. Contesting on a Congress ticket back n, Okram Henry Singh h defeated his opponent Yumkham Erabot Singh by a margin of 4,336 votes. 

In judgment, court held that Okram Henry Singh furnished incorrect educational qualifications and h failed to disclose name of his spouse and dependents and a case pending against him. "... but for reasons best known to him, (he) failed to disclose said information. Non-disclosure of material information of Respondent No. 1 (Henry) amounts to violation of Representation of Peoples Act, 1951 and rules reof, and hence his election is fit to be declared as null and void," HC stated.