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M. V. MURALIDARAN
Moirangthem Okendro S/o. (Late) Moirangthem Ibotombi – Appellant
Versus
Thokchom Radheshyam Singh – Respondent
| Table of Content |
|---|
| 1. request for leave to file additional objection. (Para 2 , 4 , 5) |
| 2. background of petitions and objection filings. (Para 3 , 9) |
| 3. arguments against allowing the filing of new objections. (Para 6 , 10 , 15) |
| 4. court's reflections on procedural fairness. (Para 7 , 11 , 12 , 19) |
| 5. legal rationale supporting the decision. (Para 8 , 14 , 18) |
| 6. conclusion and ruling of the court. (Para 25 , 26) |
JUDGMENT :
M.V. Muralidaran, A.C.J.
Heard Mr. N. Jotendro, learned counsel for the applicant and Mr. N. Kumarjit, learned senior counsel for the first respondent.
2. This miscellaneous case has been filed by the applicant under Order 8, Rule 1 read with Section 151 CPC and Section 87 (1) of the Representation of People Act, 1951 to grant leave to file written objection subsequent to the rejoinder dated 13.9.2022 filed by the first respondent.
3. Mr. N. Jotendro, the learned senior counsel for the applicant submitted that the first respondent had filed MC (EP) No.54 of 2022 to dismiss the election petition and the applicant had filed his written objection on 29.8.2022 and the first respondent had also filed rejoinder to the said written objection. Upon perusal of the rejoinder filed b
The right to file subsequent pleadings is permissible under Order 8, Rule 9 CPC to clarify statements made in earlier rejoinders without causing irreparable loss to the other party.
Amendments to pleadings are permissible to ensure justice, and acceptance of belated written statements is allowed in exceptional circumstances, provided reasons are recorded.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
Point of law : Election - Non-compliance of Section 82(a), inasmuch as, prayer (b) in the petition seeking to declare the petitioner as the Returned Candidate and all contesting candidates to the ele....
The court held that the provisions of Order 8 Rule 1 CPC are directory, allowing for judicial discretion in extending the time for filing written statements.
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
The main legal point established in the judgment is that the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
New material facts cannot be introduced in an election petition after the statutory period, preserving the integrity of established legal proceedings.
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