Manipur High Court
Houlim Sokhopao Mate @ Benjamin vs Lorho S. Pfoze & 6 Ors on 7 April, 2022
Author: Mv Muralidaran
Bench: Mv Muralidaran
ABUJA Digitally
signed by
Page - 1
M ABUJAM
SURJIT SINGH Item - 49
SURJIT Date:
2022.04.08
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
SINGH 12:49:11
+05'30' Election Petition No.1 of 2019
Houlim Sokhopao Mate @ Benjamin
.... Petitioner/s
- Versus -
Lorho S. Pfoze & 6 Ors.
.... Respondent/s
BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN 07.04.2022 Heard Mr. Ajoy Pebam, learned counsel for the petitioner and Mr. B.R. Sharma, learned counsel for Respondent No.1. [2] Pursuant to the order of this Court dated 29.03.2022, the evidence of the witness No.8, i.e., P.W. No.4 was examined by both the parties on 01.04.2022 and the P.W. No.4 was discharged. The witness No.5 in the list of witnesses of the petitioner was issued summon for her appearance to be examined as P.W. No.5 on the side of petitioner. Accordingly, this Court also issued summon to the witness No.5 for her appearance on 04.04.2022. But on receipt of the summon, the witness No.5 by namely Smt. H. Rosita Devi, Returning Officer (RO) has sent a letter to the Registrar requesting due to Official Work, she is unable to attend the Court for evidence on 04.04.2022. Therefore, she requested to post the matter on 07.04.2022 for her appearance. When the matter came on 29.03.2022, this Page - 2 Court directed the Advocate Commissioner to record the evidence of the witness No.8 and witness No.5 on 01.04.2022 and 04.04.2022 and directed to report this Court on 05.04.2022. Accordingly, the matter was posted on 05.04.2022.
[3] When the matter was taken up on 05.04.2022, Mr. Ajoy Pebam, learned counsel for the petitioner represented that though summon was issued to witness No.5 who is going to be examined as P.W. No.5, Mr. Ajoy Pebam, learned counsel for the petitioner wants to drop the witness No.5 and accordingly, he reported this Court that there was no further witness on his side and hence, the evidence on the side of the election petitioner was closed on 05.04.2022.
[5] Mr. B.R. Sharma, learned counsel for Respondent No.1 represented that he wants to file an affidavit by mentioning the witnesses to be examined on his side on particular dates. Therefore, he wants adjournment today for filing the affidavit. Accordingly, the matter was adjourned today.
[6] When the matter is taken up today, Mr. B.R. Sharma, learned counsel for Respondent No.1 represented that he is unable to file the affidavit, but, he is ready to examine the witnesses on his side from 12.04.2022 onwards. Mr. B.R. Sharma, learned counsel for Respondent No.1 already furnished 39 witnesses in the list of witnesses including the Official witness by namely Smt. Rosita Devi, Returning Officer (RO) of the 2-Outer Parliament Constituency which comes by totally 40 witnesses.
Page - 3 [7] Mr. B.R. Sharma, learned counsel for Respondent No.1 represented that he is ready to examine 2(two) witnesses on each day from 12.04.2022 onwards.
[8] Mr. Ajoy Pebam, learned counsel for the election petitioner also agreed for the same.
[9] Therefore, Mr. B.R. Sharma, learned counsel for Respondent No.1 is directed to examine the witnesses No.1 and witness No.2 in the list of witnesses submitted by the Respondent No.1 as D.W. No.1 & D.W. No.2 on 12.04.2022, witness No.3 and witness No.4 as D.W. No.3 & D.W. No.4 on 13.04.2022, witness No.5 and witness No.6 as D.W. No.5 & D.W. No.6 on 18.04.2022, witness No.7 and witness No.8 as D.W. No.7 & D.W. No.8 on 19.04.2022, witness No.9 and witness No.10 as D.W. No.9 & D.W. No.10 on 20.04.2022, witness No.11 and witness No.12 as D.W. No.11 & D.W. No.12 on 21.04.2022 and witness No.13 and witness No.14 as D.W. No.13 & D.W. No.14 on 22.04.2022.
[10] Mr. B.R. Sharma, learned counsel for Respondent No.1 represented that if any one of the witnesses who is to be examined will take much longer time, Mr. S. Jhaljit, learned Advocate Commissioner may be directed to permit both the counsels to examine and cross-examine the particular witness on the next day also continuously and then take up the next witness.
[11] Mr. Ajoy Pebam, learned counsel for the petitioner also agreed for the same.
Page - 4 [12] Mr. B.R. Sharma, learned counsel for Respondent No.1 also prayed this Court that if the particular witnesses who are to be examined on the particular date are not available, he may be permitted to bring other witnesses and examine them as Respondent's side witnesses.
[13] Permission granted. [14] Therefore, both the counsels are directed to examine and cross-
examine the witnesses on the particular dates without fail. [15] Mr. S. Jhaljit, learned Advocate Commissioner is directed to record the examination and cross-examination of the witnesses produced by Mr. B.R. Sharma, learned counsel for respondent No.1 on the particular dates, i.e., 12.04.2022, 13.04.2022, 18.04.2022, 19.04.2022, 20.04.2022, 21.04.2022 and 22.04.2022 and to report this Court on 25.04.2022. [16] Mr. B.R. Sharma, learned counsel for Respondent No.1 is directed to pay a sum of Rs.10,000/- (Rupees ten thousand) only on each day of recording evidence of the witnesses to Mr. S. Jhaljit, learned Advocate Commissioner as fees.
[17] Registry is directed to post this matter on 25.04.2022.
JUDGE
- Larson