(1.) Heard Mr. N. Ibotombi, learned senior counsel as well as Mr. A. Bimol, learned senior counsel for the applicant, respondent in the election petition and Mr. N. Mohendro, learned counsel for the election petitioner, respondent in this application.
(2.) The present application has been filed under Order 7, Rule 11 of the Code of Civil Procedure, 1908 read with Sec. 86 of the Representation of People Act, 1951 and Sec. 81(1) and Sec. 100(1) (d) (i) of the same Act by the respondent in the election petition seeking dismissal of the Election Petition on the ground that there is no triable issue left and the issues raised by the election petitioner had already been decided by the Election Commission of India as well as by the Criminal Court including this High Court on an earlier occasion.
(3.) Learned Senior Counsel, Mr. N. Ibotombi on behalf of the applicant submits that the only plea taken by the election petitioner in the election petition in challenging the election of the applicant is that the nomination of the present applicant, the respondent in the election petition, had been improperly accepted by the Returning Officer (RO). It has also been alleged by the election petitioner that in the affidavit filed by the applicant, respondent in the election petition, while giving his highest educational qualification, it has been stated that he had completed Master of Arts in History from Manipur University
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