JUDGMENT & ORDER :

This application has been filed by the applicant to condone the delay of 215 days in filing the review petition against the order dated 15.4.2019 passed in MC (EP) No.15 of 2018.

[2] The applicant is the election petitioner in Election Petition No.5 of 2017.

[3] Heard Mr. M. Gunedhor, learned counsel for the applicant/election petitioner and Mr. H.S. Paonam, learned senior counsel for the respondent.

[4] Learned counsel for the applicant submitted that during the proceedings of the election petition, he had filed two miscellaneous cases, being MC (EP) Nos.16 and 15, on 10.5.2018 and both the cases were listed on several occasions and heard on different dates. However, on 14.1.2019, after conclusion of hearing of MC (EP) No.16 of 2018, the same was dismissed and against the said order dated 14.1.2019, SLP No.10804 of 2019 was preferred and same is pending.

[5] Learned counsel for the applicant further submitted that while MC(EP) No.16 of 2018 was dismissed, MC (EP) No.15 of 2018 was not disposed of on the same date and though the first respondent filed objection to MC (EP) No.16 of 2018, he has not filed objection to MC (EP) No.15 of 2018. He would submit that after filing SLP, the election petitioner was not in communication with his local counsel and on 16.2.2019, when the first respondent filed an application for rejecting the list of documents filed by the election petitioner, the applicant came to know about the order dated 15.4.2019. Aggrieved by the order dated 15.4.2019, the applicant is preferring a review to review the order dated 15.4.2019 with a delay of 215 days. According to learned counsel for the applicant, the delay that has occasioned in preferring the review petition is not intentional, not willful and mala fide and that the delay was absolutely because of the non-communication to the applicant by his local counsel and as such the review petition could not be filed immediately. Arguing so, learned counsel for the applicant prays for condonation of the delay of 215 days in filing the review petition. On the other hand, learned counsel for the first respondent submitted that as early as on 25.9.2018, the main election petition was taken Up on board and learned counsel appearing for the parties have also appeared, Subsequently, hearing was taken up on 27.11.2018 along with MC (EP) Nos.16 and 15 of 2018 and order in respect of MC (EP) No.16 of 2018 was passed on 14.1.2019 rejecting the same. Aggrieved by the same, the election petitioner preferred SLP.

[6] Learned counsel further submitted that since the primary prayer for calling of documents from the election authority has been rejected and the election petitioner has not been able to modify the order from the Apex Court, the main election petition along with the connected MC (EP) No.15 of 2018 could be taken up only in April, 2019 and on 15.4.2019, MC (EP) No.15 of 2018 was also dismissed by observing that the connected MC (EP) No.i6 of 2018 being rejected and the pending MC (EP) No.15 of 2018 was also liable to be rejected.

[7] Mr. H.S. Paonam, learned senior counsel next submitted that in the main election petition list of documents and witnesses of respective parties have been filed on 21.10.2019 and this Court have directed for producing of P.W. No.1 for evidence on 7.11.2019 and on the request of the election petitioner, the matter was adjourned from time to time. He would submit that when the petitioner attempted to mark documents which were already rejected by this Court in MC (EP) Nos.16 and 15 of 2018, the first respondent filed MC (EP) No.27 of 2019 praying for rejecting of the list of documents filed by the election