Sanasam Premchandra Singh vs Ahanthem Shanjoy Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Manipur) 15

IN THE HIGH COURT OF MANIPUR AT IMPHAL
A.Guneshwar Sharma
Sanasam Premchandra Singh – Appellant
Versus
Ahanthem Shanjoy Singh – Respondent

Advocates Appeared:
For the Applicant :Mr.B.R.Sharma, Advocate
For the Respondent:Mr.N.Mahendra, Advocate, Mr.Ajoy Pebam, Advocate, Mr.Riyananda, Advocate, Mr.Leo Rommel, Advocate

ORDER :

A. Guneshwar Sharma, J.

[1] The instant application, under Section 83 (1) (a) Representation of People Act, 1951 read with Order 6, Rule 2 and/or Order 6, Rule 4 and/or Order 6 Rule 16 and/or Order 7, Rule 11 and/or Order 15, Rule 1 of the CIVIL PROCEDURE CODE , 1908 is filed by the applicant/respondent No.1 (returned candidate) in the Election Petition No.13 of 2022, seeking for dismissal of the Election Petition as the Election Petitioner does not disclose a cause of action and there are no material facts/complete materials facts in the Election Petition upon which the election petitioner relies for his claim and reliefs.

[2] The applicant is the returned candidate from Kumbi Assembly Constituency having elected on BJP ticket in 12^th Manipur Assembly election held in the year 2022 and he is respondent No.1 in the election petition filed by the respondent herein who is the second placed candidate contesting on Janata Dal (U) ticket. Respondent Nos. 2, 3 and 4 are other candidates from the constituency. For easy reference, the applicant herein will be referred to as ‘returned candidate’ and respondent No.1 herein as ‘election petitioner’ or ‘petitioner’.

[3] It is stated that