Jyotin Waikhom vs Kh. Joykisan Singh & Anr.

Heard Mr. HS. Paonam, learned senior counsel for the election petitioner as well as Mr. N. Ibotombi, learned senior counsel for the respondent No. 1.

This Court by Order dated 17.02.2021 directed the Registry to verify and place the same on record the examination-in-chief filed by PW-1 on

05.10.2020 and 19.10.2020. Thereafter, Registry after verification has put up a note stating that examination-in-chief dated 05.10.2020 is not filed and

the examination-in-chief filed on 19.10.2020 is placed on record and flagged. Accordingly, examination-in-chief dated 19.10.2020 filed by PW-1 is

taken on record.

This Court has perused the examination-in-chief of PW-1. On perusal of the same, it is seen that the statements made in paragraph Nos. 4, 5 & some

portion of paragraph No. 6 were rejected by this Court in Misc. Application No. 24 of 2017 by the Order dated 01.09.2020 as well as the Order dated

18.01.2021 by which the replication was rejected. In that view of the matter, the statements made in paragraph No. 4 & 5 are struck off as not

maintainable. Further, at paragraph No. 6 the last 3 (three) lines which reads as “As such the question of submission of another Affidavit dated

13.02.2017 due to the formal defect of the Affidavit dated 10.02.2017 as stated by the respondent No. 1 does not arise at all†and in the second para

of paragraph No. 6 which starts from the line â€As such, it is crystal clear that the nomination Paper and Affidavit dated 13.02.2017 is fabricated and

manufactured document in collusion with the Returning Officer only after the election petition is filed. Further, the said Affidavit and the Nomination

papers were not in the record on the date of scrutiny as the same were never field.â€​ are also being struck off.

List these matters on 22.02.2021 for examination of PW-1.