Manipur High Court
Shri Lorho S.Pfoze vs Houlim Shokhopao Mate @ Benjamin ... on 8 December, 2021
JOHN Digitally signed
by JOHN TELEN
TELEN KOM
Date: 2021.12.10
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
KOM 16:08:39 +05'30' MC(EP) No.21 of 2021
Ref:Election Petion No.1 of 2019
Shri Lorho S.Pfoze, aged about 59 years S/O Late A. Sibo Pfoze,
resident of Kayinu Village, P.O. & P.S.- Mao, District, Senapati,
Manipur-795150.
....... Applicant
- Versus -
1. Houlim Shokhopao Mate @ Benjamin aged about 36 years S/O (L)
H. Jamkhokhai Mate, resident of Tengnoupal Village, PO & PS-
Tengnoupal, District-Tengnoupal, Manipur-795131.
2. Angam Karung Kom, aged about 65 years, S/O Late Ashong Kom,
resident of K.R. Lane, PO & PS- Porompat, District-Imphal East,
Manipur-795005;
3. Shri Hangkhngpau Taithul, aged about 55 years, S/O Late T. Doupu,
resident of Singngat Hausa Veng, PO & PS-Singngat,
Churachandpur District, Manipur-795139;
4. Mr. Ashang Kasar @ Wungnaishang Kasar @ Wungnao Shang
Kasar, aged about 43 years, S/O Ngashathing Kasar, resident of
MC(EP) No.21 of 2021. Page 1
Chadong Village, PO & PS - Litan, Kamjong District, Manipur-
795145;
5. Leikhan Kaipu, aged about 54 years, S/O Late Leikhan Kokan,
resident of Heikakpokpi Village, PO Pallel P.S.- Machi, Machi Sub-
Division, Tengnoupal District, Manipur-795135
6. Thangminlien Kipgen, aged about 64 years, S/O Late Thangpu
Kipgen, resident of Haipi Village, PO- Kalapahar, Kangpokpi District,
Manipur-795122;
7. Shri K. James, aged about 56 years, S/O Late K. Ngatangmi,
resident of Tangkhul Hungdung Khullen, PO Lamlong, P.S. Litan,
Kamjong District, Manipur-795010
Presently residing at JIM Blessing Home, Sangaiprou
Mamang Leikai, Airport, Airport Road, PO & PS-Singjamei,
Imphal West District, Manipur-795008.
.... Respondents
BEFORE
HON'BLE MR. JUSTICE M.V. MURALIDARAN
For the Applicant : Mr.B.R. Sharma, Advt.
For the Respondents : Mr.Ajoy Pebam, Adv.
Date of hearing & reserved : 23.11.2021
Date of Judgment & Order : 08.12.2021
MC(EP) No.21 of 2021. Page 2
JUDGMENT & ORDER
(CAV)
[1] This application has been filed by the applicant to defer the further
proceedings of the Election Petition No.1 of 2019 for a reasonable period or till such
time the SLP under Dairy No.10469 of 2021 is considered by the Hon'ble Supreme
Court.
[2] The applicant is the first respondent in the election petition.
[3] Heard Mr. B.R Sharma, learned counsel for the applicant and Mr.Ajoy
Pebam, learned counsel for the first respondent/election petitioner.
[4] Mr. B.R. Sharma, learned Counsel for the applicant submitted that
earlier the applicant has filed M.C.(EP) No.25 of 2020 under order VII, Rule 11 CPC
seeking to dismiss the election petition as the election petition has failed to disclose
the cause of action in terms of the relevant provisions of the representation of the
People Act, 1951 and by the order dated 25.3.2021, this Court dismissed the said
application. Aggrieved by the same, the applicant has filed SLP in Dairy No.10469
of 2021 before the Hon'ble Supreme Court and the same shall be considered by
MC(EP) No.21 of 2021. Page 3
the Hon'ble Supreme Court. Therefore, in the interest of justice, this Court may
defer the further proceedings of the election petition till the disposal of the SLP.
[5] On the other hand, Mr.Ajoy Pebam, learned counsel for the first
respondent/election petitioner submitted that in order to delay the proceedings and
trial of the main election petition, the applicant has filed the present application and
mere filing of SLP cannot affect the proceeding of the election petition. He would
submit that the SLP is not yet registered as the same was under defect list.
[6] Learned counsel for the first respondent further submitted that there
is no provision for deferring the proceeding of the main election petition and the trial
of the election petition is a special trail and Chapter III of the Representation of the
People Act, 1951 provides for trial of election petitions. Further, this is a very ill-
intentional tactic adopted by the applicant to delay the trial and waste the valuable
time of this Court.
[7] This Court considered the submissions made by learned counsel
appearing on either side and also perused the materials available on record.
MC(EP) No.21 of 2021. Page 4
[8] The prayer of the applicant is to defer hearing of the main election
petition till SLP Diary No.10469 of 2021 is considered by the Hon'ble Supreme
Court.
[9] It appears that earlier the applicant has filed M.C. (EP) No.25 of 2020
before this Court under Order VII, Rule 11 CPC praying to dismiss the election
petition as it has failed to disclose the cause of action in terms of the relevant
provisions of the Representation of People Act, 1951. By a detailed order dated
25.3.2021, this Court dismissed the said application. Aggrieved by the same, the
application preferred SLP before the Hon'ble Supreme Court and the Hon'ble
Supreme Court assigned Diary No.10469 of 2021.
[10] According to the first respondent, the said SLP was under defect list
and only to delay the trial in the election petition, the applicant has filed the present
application.
[11] Mere filing of SLP before the Hon'ble Court cannot affect the
proceeding of the main election petition and moreover, as admitted by the
applicant, the SLP is not yet registered and in fact, the said SLP was under defect
list. There is no interim order restraining this Court from proceeding with the main
election petition.
MC(EP) No.21 of 2021. Page 5
[12] At this juncture, it is to be noted that it has become a continuous
practice of the applicant to file application after application in order to delay the
matter. For example, the very same applicant has filed M.C. (EP) No.39 of 2021 to
reject the replication filed by the first respondent herein contrary to the submission
made by him in M.C. (EP) No.27 of 2021.
[13] It is informed that the said SLP Diary No.10469 of 2021 is likely to be
listed on 14.12.2021. Since the SLP has not yet been numbered and there is no
interim order restraining this Court from proceeding with the election petition further,
this Court is of the view that deferring the further proceedings of the election petition
is not appropriate.
[14] The election petition is of the year 2019. Section 86(7) of the
Representation of People Act provides that every election petition shall be tried as
expeditiously as possible and endeavour shall be made to conclude the trial within
six months from the date on which the election is presented to the High Court for
trial. In the Instant case, almost more than two years have been passed and the
election petition has not seen the result.
MC(EP) No.21 of 2021. Page 6
[15] It is reiterated that mere filing of the SLP before the Hon'ble Supreme
Court as against the order of dismissal of M.C. (EP) No.25 of 2020 cannot affect
the proceeding of the instant election petition and moreover, there is no interim
order of the Hon'ble Supreme Court restraining this Court from proceeding with the
main election petition. Further, this Court is of the view that only in order to protract
the proceedings in the trial of the election petition, the applicant has filed the instant
application and the same cannot be entertained and is liable to be dismissed.
[16] Accordingly, M.C. (EP) No.21 of 2021 is dismissed.
[17] No costs.
JUDGE
FR/NFR
John kom
MC(EP) No.21 of 2021. Page 7
