Supreme Court - Daily Orders
Lorho S. Pfoze vs Houlim Shokhopao Mate @ Benjamin on 12 October, 2022
Bench: Chief Justice, Ajay Rastogi, S. Ravindra Bhat
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ITEM NO.28 COURT NO.1 SECTION XIV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 7139/2022
LORHO S. PFOZE Appellant(s)
VERSUS
HOULIM SHOKHOPAO MATE @ BENJAMIN & ORS. Respondent(s)
(IA No. 152161/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 152160/2022 - STAY APPLICATION)
Date : 12-10-2022 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
For Appellant(s) Mr. Mukul Rohatgi, Sr. Adv.
Mr. Devadatt Kamat, Sr. Adv.
Ms. Rajkumari Banju, AOR
Mr. David Ahongsangbam, Adv.
Mr. Nikhil Rohatgi, Adv.
Mr. B.R. Sharma, Adv.
Mr. S. Gunabanta Mettei, Adv.
Ms. Tomthinnganbi Koijam, Adv.
Mr. Niraj Bobby Paonam, Adv.
Mr. Javedur Rahman, Adv.
Mr. Revanta Solanki, Adv.
Mr. Shashank Khurana, Adv.
Mr. Mohan Singh, Adv.
For Respondent(s) Mr. Maninder Singh, Sr. Adv.
Mr. Sundeep Srivastava, Adv.
Mr. Aman Jha, Adv.
Mr. Paran Kumar, Adv.
Mr. Braj Kishore Mishra, AOR
Mr. Abhishek Yadav, Adv.
Mr. Aman Jha, Adv.
Mr. Gaurav Prakash Shah, Adv.
Ms. Akansha Singh, Adv.
Signature Not Verified
Mr. Rishi Tutu, Adv.
Digitally signed by
DEEPAK SINGH
Date: 2022.10.14
19:29:54 IST
Reason: UPON hearing the counsel the Court made the following
O R D E R
This appeal challenges the judgment and order 2 dated 23.09.2022 passed by the High Court of Manipur at Imphal in Election Petition No.1 of 2019. While allowing the Election Petition, following directions were passed by the High Court in the judgment under appeal:
“146. In the result,
a) the Election Petiton is allowed by declaring the election of the Respondent NO.1 as Member of 2-Outer Manipur (ST) parliamentary th Constituency to the 17 Lok Sabha, 2019 as null and void;
b) this Court declared that the Petitioner is duly elected as a member of 2-Outer Manipur (ST) Parliamentary Constituency;
c) both the parties are directed to bear their own cost.” The appeal is admitted.
Mr. Maninder Singh, learned Senior Advocate instructed by Mr. Braj Kishore Mishra, learned Advocate, who are appearing on caveat, accept notice on behalf of Respondent No.1. The other respondents shall be served through regular mode of service.
Dasti, in addition, is permitted.
The appeal be listed for hearing in the first week of February, 2023.
In the meantime, the respondents are at liberty to file additional documents.
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As regards interim relief, our attention has been invited to the judgment passed by the Vacation Judge of this Court in “Smt. Indira Nehru Gandhi vs. Shri Raj Narain And Another, reported in (1975) 2 SCC 159, as well as by the Constitution Bench of this Court in “Kirpal Singh, M.L.A. vs. Uttam Singh And Another”, reported in (1985) 4 SCC 621.
In the latter decision, a distinction was made on the basis of which complete stay of the directions issued by the High Court while considering election petition under the provisions of Representation of the People Act, 1950 would be granted.
Going by the law laid down by the Constitution Bench of this Court in Kirpal Singh, M.L.A. (supra) and in the light of the facts of the instant case, we proceed to pass the following interim order:
(a) Directions issued in sub paragraphs (a) and
(b) in paragraph 146 of the Judgment under appeal shall remain.
(b) The petitioner shall be entitled to all the privileges, allowances and benefits as Member of The 17th Lok Sabha and to participate in all the proceedings in the House and in the Committees but he shall 4 not be entitled to cast his vote i) on the floor of the House or ii) in any of the Committees where in his capacity as a Member of The 17th Lok Sabha, he is a Member.
(NEETU KHAJURIA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS COURT MASTER