JUDGMENT

1. This application has been filed by the applicant under Section 340 read with Section 195 Cr.P.C. praying for holding an inquiry against the respondent for giving false evidence/statement while giving statement on oath before this Court in Election Petition No.1 of 2017.

2. Heard Mr.Devendra Sharma, learned counsel for the applicant; Mr.H.S.Paonam, learned senior counsel, assisted by Mr.S.Gunabanta Singh, learned counsel for the respondent.

3. The applicant is the election petitioner and the Respondent herein is the Respondent No. 1 in Election Petition No.1 of 2017. By the judgment dated 5.11.2020, the said election petition was allowed.

4. The grievance of the applicant in this miscellaneous application is that while giving evidence during trial of the Election Petition, the respondent has intentionally made false statement to prove that the respondent is still in the party of Indian National Congress (INC) in spite of having taken admission to Bharatiya Janata Party (BJP); knowingly used false evidence as genuine evidence and knowingly used pleadings containing false statement as true, which are the offences punishable under Sections 191, 196 and 200 IPC. According to the applicant, the respondent has made the pleading/statement knowing well that the said pleading/statement is false. Hence, the applicant has filed the instant application.

5. Resisting the application, the respondent filed affidavit-in-opposition stating that the present application is not maintainable, as the same has been filed on the assumption that an election case was pending before the Hon'ble Speaker, Manipur Legislative Assembly against the respondent at the relevant point of time of giving statement on oath in the Election Petition. It is stated that the respondent has given statement on oath that there is no election case pending before the Hon'ble Speaker and what was pending before the Hon'ble Speaker is an application filed by MLA Thaisii against the respondent under Article 192(2) of the Constitution of India read with the Rules of the Members of the Manipur Legislative Assembly (Disqualification on the ground of Defection) Rules, 1986. It is stated that the said application does not pertain to the election of the respondent to the Manipur Legislative Assembly, however, it relates to the disqualification from being a Member of the Legislative Assembly on the ground of defection. It is also stated that the respondent was disqualified by the Hon'ble Speaker, which was also affirmed by this Court. As against the order of this Court, an appeal has been filed before the Hon'ble Apex Court and the Hon'ble Apex Court set aside the order of this Court. Since the present application has been filed on the wrong misunderstanding of facts and law, the same is liable to be dismissed.

6. Mr. Devendra Sharma, the learned counsel for the applicant submitted that the respondent during his cross-examination as D.W.1 in the Election Petition has given a false statement on oath that no complaint or petition pending against him before the Hon'ble Speaker of Manipur Legislative Assembly pertaining to the year 2017. The learned counsel submitted that as per the records of the Hon'ble Speaker, there were two complaints/petitions pending against the respondent pertaining to the election of the 11th Manipur Legislative Assembly Election held in the year 2017.

7. The learned counsel further submitted that on 20.11.2019 during cross-examination of D.W.1, he had given categorical statement as 'I deny' when the respondent was asked as 'Do you agree that today i.e. 20th November, 2019, you are member of BJP'. According to the learned counsel for the applicant, after election as Member of the Legislative Assembly from 37-Kakching Assembly Constituency, the respondent has joined as a member of the BJP on 28.4.2017 along with three other INC MLAs, leaving that party. The said news was also widely circulated by the local dailies and social media without any denial or contrad