PUKHREM SHARATCHANDRA SINGH Vs. MAIREMBAM PRITHVIRAJ @ PRITHIBIRAJ SINGH

JUDGEMENT

(1.) What ordinarily would have entailed dismissal of the special leave petition treating it with loathe, regard being had to the nature of the order passed by the learned Single Judge in Misc. Case (E.P) No. 1 of 2012 in Election Petition No. 1 of 2012 as he had only adjourned the matter, but the chronology of events, the ultimate consequence that would emerge by efflux of time, the command of the provision contained in Section 86(7) of the Representation of the People Act, 1951 (for brevity, "the Act"), every conceivable stand adopted in a dexterous manner by the respondent, the elected candidate, harbouring the notion that he singularly has the intellectual imperialism, which has the effect potentiality to frustrate and defeat the election trial, for the High Court has not even been able to frame issues lest proceed with the trial, has impelled us to interfere and write a verdict. It needs no special emphasis to state that causation of delay in the conclusion of the trial of an election petition leaves an impression that the elected candidate has the skilfulness to enjoy his full term without being concerned or bothered about the challenge to his election. As it appears, he does not perceive the pendency as hanging of the sword of Damocles or even if it is so, he believes that by his hypnotic power he can make it hang in the air so that the threat becomes totally non-existent. Either way, it depicts a sad state of things.

(2.) The necessary facts. The appellant, a resident of Phairembam Leikai, Morang located within the 27-Moirang Assembly Constituency of Bishnupur District, Manipur, was a candidate in the 10th Manipur Legislative Assembly Election from he said Constituency. The election for the Manipur Legislative Assembly was held on 28.01.2012 and the appellant contested as a candidate from the aforementioned constituency being nominated by the Nationalist Congress Party ("NCP" for short). The respondent became successful in the election and was declared as a member of the Manipur Legislative Assembly.

(3.) The appellant challenged the election before the High Court of Manipur at Imphal in Election Petition No. 1 of 2012. As the factual narration would unveil, the respondent filed the written statement after two years to the main election petition and during the pendency of the election petition, the returned candidate filed number of miscellaneous applications. It is pertinent to refer to the said applications, as Mr. N. Kumarjit, learned senior counsel for the appellant has laid immense emphasis them.