CHANAMBAM SHARAT SINGH Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Chanambam Sharat Singh
STATE OF MANIPUR
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LANUSUNGKUM JAMIR,J. -
(1.) Heard Mr. I.Denning, learned counsel for the appellant/ petitioner as well as Mr.S.Nepolean, learned Government Advocate for the State respondents and Mr.Th.Tolpishak, learned counsel for the private respondents.
(2.) The appellant, on dismissal of the writ petition, W.P(C) No.846 of 2017 on 09.5.2018, has filed this appeal challenging the judgment and order of the learned Single Judge.
(3.) The appellant/petitioner is the election agent of a candidate, namely, E. Hemanta Singh, who stood for election to the office of Zilla Parishad under 5-Waikhong Zilla Parishad constituency. The election was held on 7.10.2017. The counting of votes was held on 11.10.2017 and the appellant-petitioner participated as an election agent. It appears that the appellant submitted an application on 12.10.2017 to the Returning Officer requesting for rechecking the counting sheets for every table and also the postal ballots. This request was not considered by the Returning Officer. Aggrieved thereby, he has filed the writ petition. Notice was issued and replied was submitted by the State and the learned Single Judge after going through the objections of the respondents, formulated the scope of dispute in the impugned judgment and order in para No.19 as follows:-
" Thus, the issue to be decided now at this stage is whether the present petition filed by the petitioner namely, Chongtham Sharat Meitei, who is an election agent of a contesting candidate in an election, is maintainable or not, in view of the fact that an election petition has been already preferred by the candidate himself, which is now pending before the Election Tribunal." ;
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