B.D. Agarwal, J.

1. This miscellaneous application has stemmed out of Election Petition No. 2 of 2007. The election petitioner has filed this application objecting the counterclaim made in the written statement filed by the respondent in the main election petition.

2. Before I step in the legal question raised in this miscellaneous application, it would be apposite to set out the facts of the case giving raise to the filing of the election petition, as well as this application.

2.1 The election petitioner and the respondent and few other candidates contested the election of the 9th Manipur Legislative Assembly from 6-Keirao Assembly Constituency. The election result was declared on 27-2-2007. The respondent defeated the election petitioner by a thin margin of 2 (two) votes only. Having realized that due to improper and illegal reception of few votes materially effecting the election of the respondent, one of the defeated candidates namely Shri Thamarjit Singh has challenged the election of the respondent namely Md. Allauddin Khan basically under Section 100(1)(d) (iii) and (iv) of the Representation of the People Act, 1951 (hereinafter referred to as "the R.O.P. Act" for short) s