Manipur High Court
(Through Video Conference) vs Lorho S. Pfoze & 6 Ors on 11 March, 2022
Author: Mv Muralidaran
Bench: Mv Muralidaran
JOHN
TELEN KOM
Digitally signed by
JOHN TELEN KOM
Date: 2022.03.14 Item No.25
10:15:25 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
EL.Pet.No.1 of 2019
(Through video conference)
Houlim Shokhopao Mate@ Benjamin.
.... Petitioner/s
- Versus -
Lorho S. Pfoze & 6 Ors.
.... Respondent/s
BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN 11.03.2022 [1] Heard Mr. A. Mohendro, learned counsel for the petitioner and Mr. H.S. Paonam, learned senior counsel for the respondent No.1. [2] Pursuant to the order of this Court dated 01.03.2022 directing the petitioner and the respondents to examine and cross-examine of P.W. No.1, P.W. No.2 and P.W. No.3. When the matter was taken for witness of P.W.No.3, the learned counsel for the petitioner has informed the learned Advocate Commissioner that they wanted to drop the examination of P.W. No.3 and based on that, the learned Advocate Commissioner has given a report by mentioning that the dropping of the P.W. No.3 was represented by the respondent No.1 which was totally wrong since the P.W.No.3 is the witness of the petitioner and the petitioner's counsel wants to drop the P.W. No.3. Therefore, the Registry has posted the matter today (i.e.11.03.2022) before this Court.
[3] When the matter is taken today, I heard Mr.A. Mohendro, learned counsel for the election petitioner and Mr.H.S. Paonam, learned senior counsel for the respondent No.1.
[4] Mr. A. Mohendro, learned counsel for the petitioner represented that he has completely examined the P.W.No.1 and P.W. No.2 whereas Mr. H.S. Paonam, learned senior counsel for the respondent No.1 also represented that the cross-examination of both the P.W. No.1 and P.W.No.2 was also completed.
[5] Mr. A. Mohendro, learned counsel for the election petitioner further represented that they want to drop serial No.3 by namely, Shri Thangjamang Haokip aged about 44 years S/o Paokhosei Haokip of New Songjang Village, Khengjoi Sub-Division, P.O. & P.S. Khengjoi, District- Chandel, Manipur-795002, No.4 by namely, Shri Thangpao Haokip aged about 30 years S/o Tinthang Haokip of G. Bunglen Village, Saitu Gamphazol Sub-Division, P.O. & P.S. Motbung, District-Kangpokpi, Manipur-795118 and senrial No.6 by namely, Shri Len Singsit, Election Officer Thoubal and present place of posting: Election Officer, Kangpokpi from the list of witnesses submitted by the petitioner. Mr. H.S. Paonam, learned senior counsel for the respondent No.1 agreed for the same. [6] Subsequently, Mr. A. Mohendro, learned counsel for the petitioner submitted that he wants to examine the witnesses of serial No.5 by namely, Smt. H. Rosita Devi Returning Officer(RO) of the 2-Outer Parliament Constituency, Present Position: Additional Secretary Health & Family Welfare Govt. of Manipur; serial No.7 by namely, Shri Seiminthang Haokip, Branch Manager, IDBI Bank, Mahatma Gandhi Avenue Branch, Imphal and serial No.8 by namely, Shri Naorem Praveen Singh, Additional Chief Electoral Officer, Manipur and its Office of the Chief Electoral Officer, Manipur, Lamphel, District-Imphal West, Manipur as Official/Court witnesses.
[7] Mr. H.S. Paonam, learned senior counsel for the respondent No.1 represented that if the petitioner wants to examine the Court witnesses of serial No. 5, 7 & 8 from the list of witnesses, the petitioner ought to have file appropriate application. Mr.A. Mohendro, learned counsel for the petitioner agreed for the same and he seeks time to file the application for calling official witnesses which are at serial No.5, 7 and 8 of the list of witnesses and Mr. H.S. Paonam, learned counsel for the respondent No.1 also made no objection.
[8] Therefore, post this matter on 15.03.2022 for appropriate application.
[9] Registry is directed to issue copy of this order to both the parties to their Whatsapp/e-mail.
JUDGE John Kom