Manipur High Court
Houlim Shokhopao Mate @ Benjamin vs Lorho S. Pfoze & 6 Ors on 25 April, 2022
Author: Mv Muralidaran
Bench: Mv Muralidaran
Page |1
Digitally
JOHN signed by
JOHN TELEN
Item No. 71
TELEN KOM
Date: IN THE HIGH COURT OF MANIPUR
KOM 2022.04.29
12:15:38
AT IMPHAL
+05'30' El.Pet. No. 1 of 2019
Houlim Shokhopao Mate @ Benjamin
.... Petitioner
-Versus-
Lorho S. Pfoze & 6 Ors.
.... Respondents
BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN 25.04.2022 [1] Pursuant to the order dated 07.04.2022, the respondent No. 1 has examined 4 (four) witnesses and the same was recorded by the Advocate Commissioner, Mr. S. Jhaljit Singh as D.W. No. 1, D.W. No.2, D.W. No.3 and D.W. No.4. Thereafter, the Advocate Commissioner was directed to submit the report before this Court on 25.04.2022. Accordingly, the matter was directed to be listed on 25.04.2022 i.e. today. [2] When the matter is taken up today, I heard Mr. HS Paonam, learned senior counsel for the Respondent No.1 assisted by Mr. BR Sharma, learned Advocate and Mr. Ajoy Pebam, learned counsel for the election petitioner.
[3] Mr. HS Paonam, learned senior counsel for the petitioner represented that he has given the list of witnesses numbering 39 (thirty- nine) but he wants to examine only 6 (six ) witnesses out of 39. It is also Page |2 submitted by the learned senior counsel that out of the 6 witnesses he has already examined 4 witnesses and hence he submitted that the respondent No. 1 may be allowed to examine the remaining 2 witnesses viz., Sl.No. 8 Shri Lorho S. Pfoze (Respondent No. 1) as DW No. 5 and Sl. No. 14 Shri R TH Theophilus Rangmathat as DW No. 6 and one another official witness.
[4] Therefore, Mr. HS Paonam, learned senior counsel for the Respondent No. 1 seeks time to examine DW No. 5 and DW No. 6 by fixing a date after 5th May, 2022. Mr. Ajoy Pebam, learned counsel for the petitioner has also agreed for the same.
[5] Therefore, post this matter on 06.05.2022 and 07.05.2022 for examination of Sl.No. 8 Shri Lorho S. Pfoze (Respondent No. 1) as DW No. 5 and Sl. No. 14 Shri R TH Theophilus Rangmathat as DW No. 6 respectively. Both the counsels for the petitioner as well as the Respondent are directed to proceed the examination and cross-examination of DW No. 5 and DW No. 6 on 06.05.2022 and 07.05.2022. Mr. S. Jhaljit, learned Advocate Commissioner is directed to record the evidence of DW No. 5 and DW No. 6 on the said dates by giving fair opportunities to both parties and report to this Court on 10.05.2022. It is also directed that both the counsels shall cooperate and examine and cross-examine the witnesses on the fixed dates without fail.
Page |3 [6] The counsel for the respondent No. 1 is directed to pay a sum of Rs. 10,000/- (rupees ten thousand) only on each day to Mr. S. Jhaljit, learned Advocate Commissioner as his fees. [7] Registry is directed to post this matter on 10.05.2022.
JUDGE
-Sushil