Minor Infraction In Describing Degree Not Non-Disclosure: Manipur High Court Upholds Election Of BJP's Karam Shyam In 2022 Assembly Polls

The Manipur High Court upheld the election of BJP's Karam Shyam in the 2022 Assembly polls, rejecting unsuccessful candidate Congree's Okram Joy Singh's claim that Shyam had not disclosed his educational qualifications properly in the election form. In doing so the court held Shyam writing 'Textile Engineering' as his educational degree instead of 'Textile Technology' in the form would not fall in the category of substantial mis-disclosure. The court further said that a "minor variation" in describing 'textile technology' as 'textile engineering' is undoubtedly insubstantial, neither warranting rejection of nomination nor materially affects the election by causing infraction of fundamental rights of the voters to know about their candidate. The Congress candidate Okram Joy Singh had moved the high court challenging the successful election of BJP's Karam Shyam in the 2022 Assembly Polls for Langthabal constituency, where Singh had finished second. Menawhile Shyam had filed an election recrimination petition, challenging Singh's election plea. Singh had alleged that there was non-disclosure of non-agricultural land by Shyam and educational qualification was wrongly disclosed by the returned candidate. Singh had argued that Shyam had in his disclosure form written bachelor of 'Textile Engineering' from Government Central Textile Institute Kanpur, when the name of the course was bachelor in 'Textile Technology'. Chief Justice M Sundar in his order observed that there was no dispute about the returned candidate (Shyam) having studied in the institute, having undergone a four year Bachelors Degree course and having passed the same/obtained degree in 1987. The only issue was that, while the Bachelors Degree obtained by returned candidate from the institute is in 'textile technology', he has described the same as 'textile engineering' in Serial No. 10 of Form-26. Referring to various judgments the court held:"there is absolutely no material to demonstrate that the outcome of the election has been materially affected. As regards educational qualification, as there is no disputation that the returned candidate studied in said institute and obtained a 4 year Bachelors Degree pertaining to Textile Industry the distinction between 'Textile Technology' and 'Textile Engineering' certainly does not fall in the category of substantial mis-disclosure if the principles laid down by Hon'ble Supreme Court to distinguish between substantial and non-substantial/insubstantial non-disclosures/mis-disclosures are applied". On the possibility of alleged non-disclosure materially affecting the election result, the Court said that it would not have impacted the informed choice of the voter. The court said that any voter who went to the polling booth on 28.02.2022 "knew for sure" that the returned candidate has obtained a 4 years Bachelor degree from the institute and that the 4 year degree pertains to textile industry. "To put it in very colloquial terms, every voter knew for sure that the returned candidate has a 4 year Bachelor's degree in a discipline pertaining to Textile industry from said institute. Therefore, if a voter/elector chooses to cast his vote in favour of a candidate with good literacy level i.e., literacy level of 4 year Bachelor's degree, he or she would have voted for the returned candidate. In this view of the matter, the contention of learned Senior Counsel that there is a world of difference between a technician and an engineer fades into insignificance. Axiomatically, if another voter / elector is of the view that a highly qualified 4 year Bachelor degree holder may not be able to effectively represent the masses, he or she would not have voted in favour of the returned candidate. The corollary is, either way, this minor difference in disclosing the educational qualification of the returned candidate could not have by any stretch of imagination materially affected the outcome of the election. Furthermore, there is no shred of evidence to demonstrate that this has materially affected the election/election result," the court added. The court dismissed Singh's election petition and disposed of Shyam's election recrimination petition. Case title: Shri Okram Joy Singh v/s Shri Karam Shyam and Shri Karam Shyam v/s Shri Okram Joy SinghEL. PET. No. 7 of 2022, EL. RECR. PET. No. 5 of 2022Click Here To Read/Download Order

Minor Infraction In Describing Degree Not Non-Disclosure: Manipur High Court Upholds Election Of BJP's Karam Shyam In 2022 Assembly Polls

Malavika Prasad

Such minor infraction would not have impacted informed choice of voter, Court said.

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Malavika Prasad

Minor Infraction In Describing Degree Not Non-Disclosure: Manipur High Court Upholds Election Of BJP's Karam Shyam In 2022 Assembly Polls

Malavika Prasad

Such minor infraction would not have impacted informed choice of voter, Court said.

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INR 1099+GST

Tags

Malavika Prasad

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