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Thongam Biswajit Singh v. Seram Neken Singh and 2 Others

Closed
Court
High Court of Manipur
Decided
21 October 2024
Bench
Ahanthem Bimol Singhauthor
Case no.
MC(El.Pet.) 35/2024

Judgment

MC(El. Petn.) No. 31 of 2024 (Ref:- El. Petn. No. 4 of 2022) Seram Neken Singh

Thongam Biswajit Singh & anr.

Heard Mr. N.Jotendra, learned senior counsel assisted by Syed Murtaza Ahmed, learned counsel appearing for the applicant; Mr. H.S. Paonam, learned senior counsel assisted by Mr. B.R. Sharma, learned counsel appearing for the respondent No. 1 and Ms. Sandhyarani, learned counsel appearing for the respondent No. 2.

At the outset, Mr. H.S. Paonam, learned senior counsel submitted that the respondent No. 1 will make himself available before the appointed Advocate Commissioner for his examination in connection with the election petition on 06-11-2024.

In view of the submission made above, Mr. N. Jotendro, learned senior counsel submitted that he want to withdraw the present application with liberty to file a fresh one, if so advised.

Recording the submission advanced by the learned senior counsel, the present application is hereby closed as being withdrawn with liberty as sought for.

IN. 64 to 72 Date: 2024.10.22 14:54:23

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MC(El. Petn.) No. 35 of 2024 (Ref:- El. Petn. No. 4 of 2022) Thongam Biswajit Singh

Seram Neken Singh & ors.

Mr. B.R. Sharma, learned counsel appeared for the applicant.

Mr. N. Jotendro, learned senior counsel assisted by Syed Murtaza Ahmed, learned counsel appeared for the respondent No. 1 and Ms. Sandhyarani, learned counsel appeared for the respondent No. 2.

In view of the order passed today in MC(El. Petn.) No. 36 of 2024, the present application stands closed.

IN. 71 Date: 2024.10.22 14:55:00

(Ref:- El. Petn. No. 4 of 2022) Thongam Biswajit Singh

Seram Neken Singh & ors.

Heard Mr. B.R. Sharma, learned counsel appearing for the applicant; Mr. N. Jotendro, learned senior counsel assisted by Syed Murtaza Ahmed, learned counsel appearing for the respondent No. 1 and Ms. Sandhyarani, learned counsel appearing for the respondent No. 2.

The present application has been filed with the prayer for summoning three officers i.e., Officer-in-Charge, Imphal Police Station, Officer-in-Charge, Lamphel Police Station and Officer-in-Charge, Porompat Police Station for their examination as witnesses in connection with the election petition.

It has been submitted by the learned counsel appearing for the applicant that the examination of these three Officers are necessary in order to establish that there is no criminal cases pending against the present applicant.

Mr. N. Jotendro, learned senior counsel appearing for the respondent No. 1 submitted that the examination of the said three Police Officers are not at all necessary inasmuch as the specific allegation raised by the election petitioner in the election petition is about the pendency of the three criminal cases against the present applicant as IN. 72 Date: 2024.10.22 14:55:15

mentioned in para 4.5 of the election petition. The learned senior counsel further submitted that the said three criminal cases are complaint cases filed by private individuals against the present applicant and that the examination of the said three Police Officers in connection with the said criminal cases are not at all related.

In view of the submission made by the counsel appearing for the parties and on perusal of the record, this court is of the considered view that the examination of the aforesaid three Police Officers are not at all relevant and necessary.

Accordingly, the present application is hereby rejected.

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Source: High Court of Manipur, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.