Jyotin Waikhom vs Kh. Joykishan Singh & Anr

Heard Mr. S. Gunabanta, learned counsel appearing for the election petitioner. Also heard Mr. N. Ibotombi, learned senior counsel for the respondent

No. 1 .

Pursuant to the order dated 26-2-2021 passed by this Court in MC(El. Pet.) No. 11 of 2021, the election petitioner has filed the downloaded copies of

Form 26 affidavit which starts from page No. 12 to 24. From the list of documents, it appears that other documents also have been filed. However, as

per the order dated 26-2-2021 passed in MC(El. Pet. ) No. 11 of 2021, only the downloaded copy of Form 26 affidavit is to be filed. Learned counsel

for the election petitioner prays for exhibiting the said downloaded copy of Form 26 Affidavit as Exhibit P-6. The prayer is allowed by allowing the

attested copies/authenticated copies of Form 26 affidavit from the available uploads http:// ceomanipur.nic. in to be exhibited i.e., page No. 12 to 24 as

Exhibit P-6 with the condition that the learned senior counsel for the respondent No. 1 shall be permitted to argue against the exhibition and also that

this Court shall pass appropriate orders either to accept the exhibition or not to accept the exhibition while passing the final order.

FORM FOR RECORDING DEPOSITIONS IN THE HIGH COURT OF MANIPUR PRESENT :- HON’BLE MR. JUSTICE

LANUSUNGKUM JAMIR

CASE NO:- ELECTION PETITION NO. 8 OF 2017 02-03-2021 Continuation of Deposition of PW-1 Deposition of witness No. PW â€" 1 (Election

petitioner) recorded on oath or solemn under provisions of OATHS Act, 1969 (Act 44 of 1969) on 22-2-2021 in the language English: Name : Jyotin

Waikhom, aged about 57 years s/o, Waikhom Surendra Singh, a resident of Thangmeiband Hijam Leikai, P.O Lamphel P.S Lamphel, Imphal West,

Manipur, Pin No. 795004.

On oath being taken by the Court Master statement of the PW â€" 1 is recorded on 02-03-2021

I, Jyotin Waikhom do swear in the name of God that what I shall state shall be the truth, the whole truth and nothing but the truth.

I am giving my deposition by way of filing affidavit which was sworn on 19-10-2020 before the Oath Commissioner at Imphal. I have filed my

examination in-chief in the form of affidavit.

Exhibit P-6 is the certified/attested copies of Form 26 affidavit dated 10-2-2017 of the Respondent No. 1, Shri Khumukcham Joykishan Singh (page

No. 12 to 24 of the document filed on 24th February, 2021). The said certified copy/attested copy was issued by the Returning Officer 9-

Thangmeiband Assembly Constituency on 18-7-2019. Exhibit P-6 (1) to P-6 (13) is the signature of the Returning Officer 9-Thangmeiband Assembly

Constituency.

CROSS EXAMINATION OF PW-1

How many times you have contested the General Election for the Manipur Legislative Assembly from 9-Thangmeiband Assembly Constituency?

Ans: I have contested the General Election three times ie in 2007, 2012 and 2017 election. I also contested the By election held in the year 2015 from

9-Thangmeiband Assembly Constituency.

Whether you have been declared elected as MLA?

Ans: No. I lost all the elections.

3.Do you know the name of your election Agent for the 11-Manipur Legislative Assembly election?

Ans: Yes, I know the name of my election agent is Sinam Sarajit Singh.

4.How many counting agents have been appointed by you for the 11-Manipur Legislative Assembly election?

Ans: I cannot remember the exact number of counting agents appointed by me. It may be 11 or 12.

5.Do you remember the names of your counting agents?

Ans: I cannot remember all the names of my counting agents. However, I remember the names of three counting agents. The names of three

counting agents are H. Manglem Singh, W. Bhubon and S. Sanatomba.

6.Do you know the educational qualification of your election agent?

Ans: I do not know the educational qualification of my election agent.

7.Whether your election agent can read and write in English?

Ans: Yes, my election agent can read and write in English.

8.Do you know the name and designation of the Returning Officer of the 9-Thangmeiband Assembly Constituency?

Ans: The name of the Returning Officer of 9-Thangmeiband Assembly Constituency is N. Ramananda Singh, SDO.

9.Do you know how many assembly constituency have been assigned to the said N. Ramananda Singh as Returning Officer?

Ans: I do not know how many assembly constituency have been assigned to the said N. Ramananda Singh as Returning Officer.

10.Do you remember the date and time of scrutiny of the 9-Thangmeiband Assembly Constituency?

Ans: Yes, I know. The scrutiny was held on 16-2-2017. However, I cannot remember the exact time when the scrutiny was held.

Do you agree that the presence of the candidate and the election agent at the time of scrutiny are not mandatory?

Ans: I do not know whether the presence of the candidate and the election agent at the time of scrutiny is mandatory or not. 12.Whether you and your

election agent lodged any written complaint to the Returning Officer regarding the acceptance of Nomination paper and the affidavit of the respondent

No. 1? Ans: No. I and my election agent do not lodge any written complaint to the Returning Officer regarding the acceptance of Nomination paper

and the affidavit of the respondent No. 1.

13.Do you agree that a candidate contesting election can file nomination paper along with affidavit in Form 26 more than one?

Ans: Yes, a candidate contesting election can file nomination paper along with affidavit in Form 26 more than one.

How many nomination papers and affidavits in Form 26 were filed by you to the Returning Officer in connection with the 9-Thangmeiband

Assembly Constituency?

Ans: I filed only one nomination paper along with affidavit in Form 26.

The witness voluntarily states that he brought two others nomination paper along with affidavit in Form 26. However, I have not filed the said two

other nomination papers along with affidavit in Form 26 before the RO as the RO informed me that the question of filing two more nomination papers

along with affidavit in Form 26 is not required as the first nomination and affidavit in Form 26 has been accepted by the RO.

Cross examination of PW-1 has been partly done. List for further cross examination of PW-1 on 5th

March, 2021.