Mayanglambam Rameshwar Singh v. Kshetrimayum Kennedy Singh and 4 Ors

Item Nos. 29,30&33

El.Pet. No. 35 of 2022 with El. Recr. Pet. No. 24 of 2022 with MC(El.Pet.) No. 73 of 2022

Kshetrimayum Kennedy Singh

....Petitioner(s)

Mayanglambam Rameshwar Singh & 4 Ors

As prayed for by the learned counsel appearing for the parties, list these cases again on 24th April, 2023.

CHONGNUNKIM GANGTE Date: 2023.04.11 14:57:55 +05'30'

Item Nos. 32

MC(El.Pet.) No. 24 of 2023

Kshetrimayum Kennedy Singh

....Applicant(s)

Mayanglambam Rameswar Singh & 4 Ors

Heard Mr. M. Rakesh, learned counsel appearing for the applicant, Mr. N. Kumarjit, learned senior counsel assisted by Mr. N. Zequeson, learned counsel appearing for the respondent No. 1 and Mr. Abdul Baqee Khan, learned counsel for the respondent No. 4. None appeared for the other respondents.

The present application had been filed seeking leave for allowing the applicant to file replication to the written statement filed by the respondent No. 1 in the connected election petition.

Mr. N. Kumarjit, learned senior counsel appearing for the respondent No. 1 submitted that the replication had been filed after more than 100 (one hundred) days from filing of the written statement and that in the present application, no reason has been assigned by the applicant for condoning the said delay.

Mr. M. Rakesh, learned counsel for the applicant submitted that if the present application is not allowed and if the applicant is not allowed to file replication in the connected election petition, great prejudice will be caused to the applicant and he would suffer irreparable injury. Learned counsel further submitted that the applicant is ready and willing to pay cost for any inconvenience caused to the respondent No. 1 who is the contesting respondent herein.

After hearing the counsel appearing for the parties and on perusal of the record of the case, this Court is of the considered view that interest of justice will be served by allowing the applicant to file the said replication to the written statement filed by the respondent No. 1 in the connected election petition and if the applicant is not allowed to file the said replication, great prejudice and injury will be caused to the application.

In view of the above, the present application is allowed subject to payment of cost of Rs. 15,000/- to be paid to the learned counsel appearing for the respondent No. 1. The cost shall be paid within a period of two weeks from today.

Registry is directed to place on record the replication filed by the applicant in the connected election petition after payment of the said cost as stated herein above.

Item Nos. 31

MC(El.Pet.) No. 13 of 2023

Mayanglambam Rameshwar Singh ....Applicant(s)

Kshetrimayum Kennedy Singh & 4 Ors

Heard Mr. N. Kumarjit, learned senior counsel assisted by Mr. N. Zequeson, learned counsel appearing for the applicant, Mr. M. Rakesh, learned counsel appearing for the respondent No. 1 and Mr. Abdul Baqee Khan, learned counsel appearing for the respondent No. 1. None appeared for the other respondents.

In view of the order passed today in MC(El.Pet.) No. 24 of 2023, the present application is hereby closed.