Manipur High Court
(Through Video Conference) vs Lorho S. Pfoze & 6 Ors on 29 March, 2022
Author: Mv Muralidaran
Bench: Mv Muralidaran
Digitally signed Page - 1
KABOR by
KABORAMBAM
AMBAM LARSON
Date:
Item - 33
LARSON 2022.03.30
14:25:22 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
El. Petn. No.1 of 2019
(Through Video Conference)
Houlim Sokhopao Mate @ Benjamin
.... Petitioner/s
- Versus -
Lorho S. Pfoze & 6 Ors.
.... Respondent/s
BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN 29.03.2022 Pursuant to the order of this Court dated 15.03.2022 passed by this Court in MC(El. Petn.) No.3 of 2022, the witness No.7 in the list of witnesses of the petitioner by namely, Shri Seiminthang Haokip, Branch Manager IDBI Bank, Mahatma Gandhi Avenue Branch, Imphal was examined and cross-examined as P.W. No.3 by both the parties on 24.03.2022 and he was discharged. The witness No.8 in the list of witnesses of the petitioner by namely, Shri Naorem Praveen Singh, Additional Chief Electoral Officer, Manipur was examined as P.W. No.4 by the petitioner and partly cross- examined by the Respondent No.1. Due to paucity of time, the cross- examination of P.W. No.4 by the Respondent No.1 was not completed. Therefore, Mr. S. Jhaljit, learned Advocate Commissioner has reported to this Court about the recording of the examination of P.W. No.3 and P.W. No.4 and the matter was posted today.
Page - 2 [2] When the matter is taken up today, Mr. Ajoy Pebam, learned counsel for the election petitioner represented that the P.W. No.3 was examined and cross-examined in detail by both the parties and he was discharged and the P.W. No.4 was examined by the learned counsel for the petitioner, but the cross-examination of P.W. No.4 by the Respondent No.1 was partly taken and cross-examination of P.W. No.4 by the Respondent No.1 is to be continued. Therefore, Mr. B.R. Sharma, learned counsel for the Respondent No.1 seeks time.
[3] Mr. S. Jhaljit, learned Advocate Commissioner is directed to record the cross-examination of P.W. No.4 by the Respondent No.1 on 01.04.2022.
[4] Registry is directed to issue summon to the witness No.5 in the list of witnesses of the petitioner dated 27.01.2022 who is P.W. 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 for her appearance on 04.04.2022 for examination and cross-examination by both the parties. [5] Therefore, the Respondents are directed to complete the cross- examination of P.W. No.4 on 01.04.2022 and both the parties for the petitioner and the Respondent No.1 are directed to examine and cross- examine the P.W. No.5 on 04.04.2022 without fail.
Page - 3 [6] This Court directed Mr. S. Jhaljit, learned Advocate Commissioner to record the evidence of the P.W. Nos.3, 4 & 5 at 12.30 p.m., but mistakenly, the Registry issued summon to the P.W. Nos.3, 4 & 5 to for their appearance at 10.30 a.m. [7] Accordingly, Mr. B.R. Sharma, learned counsel for Respondent No.1 represented that summon may be issued to the witnesses for their appearance at 12.30 p.m. [8] Mr. Ajoy Pebam, learned counsel for the election petitioner also agreed for the same.
[9] Therefore, Registry is directed to issue fresh summon to the witness No.8 in the list of witnesses of the petitioner dated 27.01.2022 by namely, Shri Naorem Praveen Singh, Additional Chief Electoral Officer, Manipur who is P.W. No.4 to appear at 12.30 p.m. on 01.04.2022 and the witness No.5 in the list of witnesses of the petitioner dated 27.01.2022 who is P.W. 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 to appear at 12.30 p.m. on 04.04.2022. [10] Mr. Ajoy Pebam, learned counsel for the petitioner is directed to pay a sum of Rs. 10,000/- (Rupees ten thousand) only to Mr. S. Jhaljit, learned Advocate Commissioner on each day of recording evidence of the witnesses.
Page - 4 [11] Mr. S. Jhaljit, learned Advocate Commissioner is directed after examination and cross-examination of both the witnesses No.8 and 5 who are P.W.No.4 and P.W. No.5 by both the parties, to report this Court on 05.04.2022.
[12] Post this matter on 05.04.2022.
[13] Registry is directed to issue copy of this order to both the parties
through their whatsapp/e-mail.
JUDGE
- Larson