Dr. Kh Loken Singh vs Rajkumar IMO Singh

MV Muralidaran, J

(Through video conference)

[1] Heard Mr. M.Gunedhor, learned counsel for the Election petitioner and respondent in MC(El.Pet) No. 27 of 2019 and Mr. N.Bipin, learned counsel for the respondent.

[2] Mr. M. Gunedhor, learned counsel for the Election petitioner already argued both the MC(EP)) No. 27 of 2019 & MC(Rev.Pet.(J2)) No.1 of 2019 and respondent Counsel was directed to file written argument and permit him to make oral argument, if necessary. Mr. M. Gunedhor, learned counsel for the election petitioner represented written argument was filed and the same was received by him.

[3] Therefore, post these matters on 09.11.2021.

[4] Mr. M. Gunedhor, learned for the applicant in MC(EP)) No. 44 of 2021 represented that he has filed this Misc. application seeking the prayer as follows:

i) direct the Registrar General or Registrar (Judl.), High Court of Manipur for verification/re-verification/examination of the process of postal balloting strictly in compliance/accordance with instructions/guidelines issued by the Election Commission of India and the Election laws in presence of RO of the 11-Sagolband A/C, and the representative of the both the parties.

ii) direct the Registrar General or Registrar (Judl.), High court of Manipur to recount/re-verify the postal Ballot papers to see if the process of postal balloting is found as per guidelines/ instructions of the Election Commission of India and other Election Laws during re-verification.

iii) submit the Report of the Registrar General or Registrar (Judl.), High Court of Manipur within a period of one week and

iv) to pass any order/orders as the Honb'ble Court may deem fit and proper.

[5] Mr. M. Gunedhor, learned counsel for the petitioner also represented that this Court passed an order in MC(EP) No. 19 of 2020 dated 20.09.2021 and the said order was challenged by the respondent No.1 by way of an SLP No.015692 before the Hon'ble Supreme Court.

[6] Mr. M. Gunedhor, learned counsel for the petitioner also represented that the SLP No.015692 filed by the respondent No.1 was dismissed on 22.10.2021. Therefore, he has filed this MC(EP)) No.44 of 2021 seeking direction to the Election Officers to comply with the order passed in MC(EP) No.19 of 2020 Whereas Mr. N. Bipin, learned counsel for the respondent No.1 represented that this application is not maintainable. Therefore, he wants time to file detail affidavit and argue the case. Since his senior Mr. H.S.Paonam, learned senior counsel for the respondent No.1 is not well and therefore, he seeks time.

[7] It is made clear that admittedly the MC(EP) No.44 of 2021 was filed by the petitioner seeking the prayer but once this Court has passed orders in MC(EP) No.19 of 2020 and the SLP filed by the respondent was dismissed by the Honble Supreme Court on 22.10.2021 and therefore, it is the duty of the petitioner to approach the Authority by namely District Election officer Imphal West/RO and made request for complying order in MC(EP)) No.19 of 2020 dated 20.092021, the authority also duty bound to comply the orders of this Court in MC(EP) No.19 of 2020 dated 20.09.2021 without any further delay. Mr. N. Bipin, learned counsel for the respondent No.1 is directed to file his objection

[8] Therefore, post these matters on 09.11.2021.

[9] It is the bounden duty of the District Election Officer, Imphal West/RO to comply the order passed in MC(EP) No.19 of 2020 dated 20.09.2021 the SLP was dismissed by the Hon'ble Supreme Court.

[10] Issue copy of this order to both parties to their whatsapp/e-mail.