(Through Video Conference) vs Shri Rajkumar Imo Singh
2021 Latest Caselaw 335 Mani

JOHN    Digitally signed
        by JOHN TELEN
                                                                          Page 1 of 10

        KOM
TELEN   Date:
        2021.12.13

KOM     16:30:35
        +05'30'
                               IN THE HIGH COURT OF MANIPUR
                                         AT IMPHAL

                                  MC[Rev.P.(J2)] No.1 of 2019
                                       Ref: Rev.Petn. No.
                                    in El. Petn. No.5 of 2017
                                  (Through Video Conference)



                    Dr. Khwairakpam Loken Singh, aged about 57 years, S/o
                    Kh. Kulla Singh, Resident of Sega Road, Tekhellambam
                    Leikai, P.S. & P.O. Imphal, District - Imphal (West),
                    Manipur-795001
                                                                     .... Applicant/s
                                        - Versus -


                    Shri Rajkumar Imo Singh, S/o (L) R.K. Jaichandra Singh,
                    Resident of Sagolband Bijoy Govinda, P.O. & P.S. Imphal, District
                    - Imphal (West), Manipur - 795001.;
                                                                   .... Respondent/s

BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN

For the Applicant : Mr. M. Gunedhor, Advocate

For the Respondent : Mr. H.S. Paonam, Sr. Advocate

Date of Hearing : 11.11.2021

Judgment & Order : 10.12.2021

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 1

JUDGMENT &ORDER (CAV)

This application has been filed by the applicant to condone the

delay of 215 days in filing the review petition against the order dated 15.4.2019

passed in MC (EP) No.15 of 2018.

[2] The applicant is the election petitioner in Election Petition No.5 of

2017.

[3] Heard Mr. M. Gunedhor, learned counsel for the

applicant/election petitioner and Mr. H.S. Paonam, learned senior counsel for

the respondent.

[4] Learned counsel for the applicant submitted that during the

proceedings of the election petition, he had filed two miscellaneous cases,

being MC (EP) Nos.16 and 15, on 10.5.2018 and both the cases were listed on

several occasions and heard on different dates. However, on 14.1.2019, after

conclusion of hearing of MC (EP) No.16 of 2018, the same was dismissed and

against the said order dated 14.1.2019, SLP No.10804 of 2019 was preferred

and same is pending.

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 2

[5] Learned counsel for the applicant further submitted that while

MC(EP) No.16 of 2018 was dismissed, MC (EP) No.15 of 2018 was not

disposed of on the same date and though the first respondent filed objection to

MC (EP) No.16 of 2018, he has not filed objection to MC (EP) No.15 of 2018.

He would submit that after filing SLP, the election petitioner was not in

communication with his local counsel and on 16.2.2019, when the first

respondent filed an application for rejecting the list of documents filed by the

election petitioner, the applicant came to know about the order dated

15.4.2019. Aggrieved by the order dated 15.4.2019, the applicant is preferring

a review to review the order dated 15.4.2019 with a delay of 215 days.

According to learned counsel for the applicant, the delay that has occasioned

in preferring the review petition is not intentional, not willful and mala fide and

that the delay was absolutely because of the non-communication to the

applicant by his local counsel and as such the review petition could not be filed

immediately. Arguing so, learned counsel for the applicant prays for

condonation of the delay of 215 days in filing the review petition. On the other

hand, learned counsel for the first respondent submitted that as early as on

25.9.2018, the main election petition was taken Up on board and learned

counsel appearing for the parties have also appeared, Subsequently, hearing

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 3

was taken up on 27.11.2018 along with MC (EP) Nos.16 and 15 of 2018 and

order in respect of MC (EP) No.16 of 2018 was passed on 14.1.2019 rejecting

the same. Aggrieved by the same, the election petitioner preferred SLP.

[6] Learned counsel further submitted that since the primary prayer

for calling of documents from the election authority has been rejected and the

election petitioner has not been able to modify the order from the Apex Court,

the main election petition along with the connected MC (EP) No.15 of 2018

could be taken up only in April, 2019 and on 15.4.2019, MC (EP) No.15 of

2018 was also dismissed by observing that the connected MC (EP) No.i6 of

2018 being rejected and the pending MC (EP) No.15 of 2018 was also liable to

be rejected.

[7] Mr. H.S. Paonam, learned senior counsel next submitted that in

the main election petition list of documents and witnesses of respective parties

have been filed on 21.10.2019 and this Court have directed for producing of

P.W. No.1 for evidence on 7.11.2019 and on the request of the election

petitioner, the matter was adjourned from time to time. He would submit that

when the petitioner attempted to mark documents which were already rejected

by this Court in MC (EP) Nos.16 and 15 of 2018, the first respondent filed MC

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 4

(EP) No.27 of 2019 praying for rejecting of the list of documents filed by the

election petitioner. According to learned counsel, instead filing any objection to

the said application, the election petitioner filed the present application for

condonation of delay of 215 days for seeking to review the order dated

15.4.2019 passed in MC (EP) No.15 of 2018.

[8] The Learned Sr. counsel then submitted that since the applicant

has not properly explained the reason for causing the delay and since the

order dated 15.4.2019 for which review is sought for is well within the

knowledge of the election petitioner, the present application for condonation of

delay is liable to be rejected. According to learned counsel, the applicant has

failed to show the sufficient cause for the delay. In support, he has relied upon

the decisions of the Hon'ble Supreme Court in the case of Balwant Singh

(dead) v. Jagdish Singh and others, (2010) 8 SCC 685 and University of Delhi

v. Union of India and others, (2020) 13 SCC 745.

[9] This Court considered the submissions raised by the parties and

also perused the materials available on record.

[10] The applicant has primarily filed this application seeking to

condone the delay of 215 days in filing the review order dated 15.4.2019

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 5

passed in MC (EP) No.15 of 2018 on the ground that he has no knowledge

about the passing of such order and he came to know the order dated

15.4.2019 only on 16.12.2019 when the first respondent filed an application for

rejecting the list of documents filed by the election petitioner.

[11] It appears that the pending election petition, the applicant took

out two applications namely MC (EP) No.16 of 2018 and MC (EP) No.15 of

2018 for calling for certain documents from the respective authorities indicated

in the schedule and upon receipt of the same, to take certified copies thereof.

Admittedly, by the order dated 14.1.2019, MC (EP) No.16 of 2018 was

dismissed, against which, the applicant has filed SLP and the same is pending.

Subsequent to the dismissal of MC (EP) No.16 of 2018, on 15.4.2019, MC

(EP) No.15 of 2018 was dismissed by this Court. The order dated 15.4.2019

reads thus:

"This Court by an order dated 14.01.2019 dismissed the MC (El.Petn.) No.16 of 2018 (Ref:El.Petn.No.5 of 2017) having the same prayer as it is sought for in the present MC (El.Petn.) No.15 of 2018.

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 6

Hence, this MC (El.Petn.) No.15 of 2018 is also dismissed as it has the same prayer and relief as sought for in MC (El.Petn.) No.16 of 2018.

MC stands dismissed as above."

[12] Taking advantage of the dismissal of MC (EP) Nos.16 and 15 of

2018, the applicant seeks rejection of the documents filed along with the

election petition as the same has been denied by this Court vide orders dated

14.1.2019 and 15.4.2019 respectively in MC (EP) No.27 of 2019 and by way of

separate order, this Court dismissed the said application on the ground that

while dismissing MC (EP) No.16 of 2018, this Court observed that the

documents in Schedule-I are official documents and if need arises during the

course of the trial, a responsible officer working in the Election Commission of

India can be examined as witness to verify the factum of the said documents

being issued by the Election Commission of India. This Court has not curtailed

and/or prevented the election petitioner from proceeding with the trial of the

election petition and also not prevented the election petitioner from marking

documents. In the order dated 14.1.2019, this Court clearly stated that since

the existence of the documents was not denied by the applicant herein, the

same are not required to be called for. When such being the observation of

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 7

this Court, it cannot be said that since the prayer for calling for the documents

was rejected, the election petition has to be dismissed or be kept in abeyance

as trial cannot be proceeded. In fact, as against the order dated 14.1.2019

passed in MC (EP) No.16 of 2018, the election petitioner has preferred SLP

No.10804 of 2019 and admittedly, the same is still pending.

[13] Coming to the delay occurred in filing the review application is

concerned, this Court finds that the reason stated by the applicant is

satisfactory and reasonable. It is also admitted by the first respondent that on

the date of passing order in MC (EP) No.16 of 2018, order in MC (EP) No.15 of

2018 has not been passed and order in the said application was passed on

15.4.2019. The applicant also pleads that there was no communication from

his counsel and therefore, the delay occurred in filing the review application.

To rebut the same, the first respondent has not produced any material.

Therefore, this Court is of the view that sufficient cause has been shown by the

application for the delay and this Court is also satisfied for the reasons offered

by the applicant.

[14] The words "sufficient cause for not making the application within

the period of limitation" should be understood and applied in a reasonable,

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 8

pragmatic, practical and liberal manner, depending upon the facts and

circumstances of the case and the type of cases. The words "sufficient cause"

in Section 5 of Limitation Act should receive a liberal construction so as to

advance substantial justice, when the delay is not on account of any dilatory

tactics, want of bona fides, deliberate inaction or negligence on the part of the

applicant.

[15] In the instant case, it is not the case of the first respondent that

the applicant has adopted dilatory tactics.

[16] The law is well settled that even after sufficient cause has been

shown a party is not entitled to the condonation of delay in question as a

matter of right. The proof of a sufficient cause is a condition precedent for the

exercise of the discretionary jurisdiction vested in the Court by Section 5 of

Limitation Act. If sufficient cause is not proved nothing further has to be done,

the application for condoning delay has to be dismissed on that ground alone.

If sufficient Cause is shown then the Court has to inquire whether in its

discretion it should condone the delay.

[17] As stated supra, the applicant has explained the cause for such

delay and considering all relevant facts, this Court is of the view that the

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 9

applicant has shown sufficient cause for excusing the delay and accordingly,

this Court exercising its discretion is inclined to condone the delay. No

prejudice would be caused to the other side, if the delay is condoned. On the

other hand, if the delay is not condoned, the applicant would be put to

irreparable loss and damage as it appears from the order dated 15.4.2019 that

the same has been passed in view of the dismissal order passed in MC (EP)

No.16 of 2018. Further, the order dated 14.1.2019 in MC (EP) No.16 of 2018 is

now under challenge before the Hon'ble Supreme Court in SLP. In order to

give a chance to the applicant and also taking note of the over all

circumstances of the case, the delay in filing the review application to review

the order dated 15.4.2019 passed in MC (EP) No.15 of 2018 is condoned and

the present application is liable to be allowed.

[18] Accordingly, this Misc.Case in MC (Review) No.1 of 2019 is

allowed. No costs.

[19] Registry is directed to issue copy of this order to both the parties

through their whatsapp/e-mail.

JUDGE FR/NFR

-Larson

MC[Rev.P.(J2)] No.1 of 2019 Ref: Rev.Petn.(J2) No. in El. Petn. No.5 of 2017 Page 10