Usham Deben Singh v. Md. Fajur Rahim and 3 Others

Item No. 10

MC(El.Pet.) No. 41 of 2023

assisted by Mr. M. Rendy, learned counsel for the applicant.

The present application has been filed for amendment of preliminary objection of misc. application being MC(El.Pet.) No. 87 of 2022 filed under Order VI Rule 17 of CPC, 1908 read with section 87 of the RP Act, 1951.

By the present application, the applicant proposes to amend MC(El.Pet.) No. 87 of 2022 (application for challenging the maintainability of the election petition) by inserting para 2.4 to 2.9. It is stated that inadvertently these paras are left out from MC(El.Pet.) No. 87 of 2022 and by incorporating the new para, the nature of the application will not be changed. [4]

Mr. N. Ibotombi, learned senior counsel assisted by Ms. N. Savitri, learned counsel for the petitioner, fairly admits that the application may be allowed subject to the cost.

Considering the submission of the learned counsel for the parties, the proposed amendment is allowed subject to payment of cost of Rs. 10,000/- in favour of the High Court Bar Association, Manipur. On submission of proof of payment of the cost, the petitioner is directed to incorporate the proposed amendment in MC(El.Pet.) No. 87 of 2022. [4]

The application is accordingly disposed of.

KH. JOSHUA MARING Date: 2023.10.20 10:04:46 +05'30' Item No. 9

MC(El.Pet.) No. 40 of 2023

In view of the order dated 18.10.2023 passed in MC(El.Pet.) No. 41 of 2023, the present application is disposed of.

Item No. 11

MC(El.Pet.) No. 47 of 2023

assisted by Mr. M. Rendy, learned counsel for the applicant and Mr. N. Ibotombi, learned senior counsel assisted by Ms. Savitri, learned counsel for the respondents.

Mr. M. Hemchandra, learned senior counsel, submits that he is not pressing the present application and the same may be disposed of.

Accordingly, the present application is dismissed as withdrawn.

Item No. 12

MC(El.Pet.) No. 52 of 2023

assisted by Mr. M. Rendy, learned counsel for the applicant and Mr. N. Ibotombi, learned senior counsel assisted by Ms. Savitri, learned counsel for the respondents.

Mr. M. Hemchandra, learned senior counsel, submits that he is not pressing the present application and the same may be disposed of.

Accordingly, the present application is dismissed as withdrawn.

Item No. 6

MC(El.Pet.) No. 19 of 2023

assisted by Mr. M. Rendy, learned counsel for the applicant.

Issue notice.

Ms. N. Savitri, learned counsel accepts notice on behalf of respondent No. 1. Hence, no formal step is required to be taken with respect to respondent No. 1. [4]

Applicant is directed to take steps upon respondent Nos. 2 to 4 by speed post, returnable within 2 (two) weeks. [5]

List on 10.11.2023.

Joshua

Item No. 5, 7, 8 & 13

El.Pet. No. 23 of 2022 with MC(El.Pet.) No. 26 of 2023 with MC(El.Pet.) No. 28 of 2023 with MC(El.Pet.) No. 87 of 2022

Md. Fajur Rahim

…..Petitoner/s

Usham Deben Singh & 3 Ors.

On joint request, list on 06.11.2023.