Okram Henry Singh v. Thangjam Arunkumar and 2 Others

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IN THE HIGH COURT OF MANIPUR AT IMPHAL Okram Henry Singh

… Applicant/s Vs. Thangjam Arunkumar & 2 ors.

… Respondent/s

B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

18-10-2023 Heard Mr. Ajoy Pebam, learned counsel appearing for the applicant; Mr. A. Priyokumar, learned counsel appearing for the respondent No. 2 and Mr. BR Sharma, learned counsel appearing for the contesting respondent No. 1. None appeared for the respondent No. 3. [2]

The present application had been filed with a prayer for issuing summons to the official witnesses No. 1 to 8 and for their appearance before the Appointed Commissioner for taking their statements in connection with the Election Petition No. 1 of 2022 and also for issuing a direction to the said eight official witnesses to produce the relevant official records. The names and particulars of the said eight official witnesses and the details of the official records to be produced by them are as under : Sl.No. Particulars of Official witnesses Particulars of documents

¶1Official Witness No. 1 i.e. Chief Manager, Punjab National Bank, MG Avenue, Imphal Branch (erstwhile United Bank of India) and its office at MG Avenue Thangal Bazar, Imphal West, Manipur-795001 or any other competent officer authorized by

(i)Authenticated/Certified copies of loan Status of loan account being A/C No. 0254010664295 as on 07/02/2022

(ii)Authenticated/Certified copies of all records/loan file of loan account being A/C No. Item No. 18 Page 2

0254010664295 including Valuation Report, Shop Licence, the Land Valuation Certificate issued by the Sub-Deputy Collector, Heingang etc. of Thangjam Arunkumar.

(iii)Authenticated/Certified copies of circulation of the list of loan defaulters in the local daily namely "POKNAPHAM" and in its publication on 2nd October, 2021 and

(iv)Authenticated/Certified copy of letter being No. IMP/LOAN/ TH. ARUNKUMAR SINGH/01/2022 dated 4th February, 2022 issued by the Chief Manager, Punjab National Bank, M.G.Avenue, Imphal to the Chief Electoral Officer, Manipur.

¶2Official Witness No. 2 i.e. Branch Manager, Punjab & Sind Bank, Dewlaland, Imphal and its office at Dewlaland,District – Imphal East, Manipur or any competent subordinate officer authorized by Authenticated/Certified copy of Account Statement of the A/C No. 06751100000671 of Punjab & Sind Bank, Dewlaland, Imphal of Thangjam Arunkumar as on 07/02/2022 and 08/02/2022.

¶3Official Witness No. 3 i.e. Branch Manager, Axis Bank, Imphal Branch and its office at Thangal Bazar, District-Imphal West, Manipur or any competent subordinate officer authorized by Authenticated/Certified copies of the Account Statement of the A/C No. 916010075728945 as on 07/02/2022 and the details of loan and loan status as on 07/02/2022 in respect of the loan A/C BPRO140055144090 linked with A/C No. 916010075728945 of Axis Bank, Imphal Branch of Irengbam Purnimashi Devi.

¶4Official Witness No. 4 i.e. Branch Manager, Axis Bank, Paona Bazar Branch and its office at Paona Bazar, District-Imphal West, Manipur or any competent Authenticated/Certified copy of the Account Status/statement of the A/C No. 918010112468797 as on 07/02/2022 of Irengbam Page 3

subordinate officer of Axis Bank, Paona Bazar Branch authorized by Purnimashi Devi and Sanarik Thangjam.

¶5Official Witness No. 5 i.e. Chief Electoral Officer, Manipur or any other competent Officer authorized by him and its Office at Lamphel. Official Letter No. COE-101/1/2021-ELEC-EEM dated 10/02/2022 issued by the Joint Chief Electoral Officer, Manipur and Authenticated copy of the Electoral Rolls of 2022 of Part No. 9, Polling Station No. 15/1 Chingmeiraong Nongpok.

¶6Official Witness No. 6 i.e. Asst. Municipal Commissioner (Revenue), Imphal Municipal Corporation and its Office at Thangal Bazar.

Authenticated documents in connection with Shop Licence being No. 5536 of M/s B.M. Medical Store.

¶7Official Witness No. 7/ State Drug Controller, Directorate of Medical & Health Services, Manipur or Drugs Inspector Medical Directorate, Manipur and its Office at Lamphel. Authenticated documents in connection with M/s B.M. Medical Store registered at Pharmacy Council of Manipur being Licence No. 19/WS-IE/2013, 20/WS-IE/2013, 11X(G)/DHS-2013.

¶8Official Witness No. 8 i.e. Commissioner, GST/Taxes, Manipur or Assistant Commissioner, Zone-8, Bus Termination, Khuman Lampak or any competent officer authorized by him. Authenticated documents showing the status of (i) M/s Core Grow & Co. Being GSTIN:07ABXPT3470H1ZZ,

(ii) M/S Arun Enterprises being GSTIN:14ABXPT3470H3Z2,

(iii) M/S B.M. Bakery being GSTIN: 14ABXPT3470H1Z4 and (iv) M/S B.M. Medical Store being GSTIN: 14ABXPT3470H2Z3 as on 07/02/2022 [3]

Mr. Ajoy Pebam, learned counsel appearing for the applicant submitted that the official documents which are to be produced by the said official witnesses are only for the purpose of reference by the said official witnesses at the time of their examination and not for the purpose of exhibiting the said documents as evidence in connection with the said Election Petition. Page 4

[4]

Mr. BR Sharma, learned counsel and Mr. A. Priyokumar, learned counsel appearing for respondent No. 1 & 2 respectively submitted that they have no objection in allowing the present application. [5]

In view of the above submissions made by the learned counsel appearing for the parties, the present application is allowed. Registry is directed to issue summons to the said eight official witnesses for their appearance and examination before the appointed Commissioner on a convenient date. Registry is also further directed to request all the said official witnesses to produce the official documents given herein above on the date of their appearance and examination. [6]

It is made clear that the said official documents are to be produced only for the purpose of reference by the official witnesses at the time of giving their statements and not for the purpose of exhibiting the same as evidence in connection with the election petition. [7]

With the aforesaid directions, the present application is disposed of.

JUDGE

Dhakeshori LAISHRAM DHAKESH ORI DEVI Date: 2023.10.19 15:14:24 +05'30'