YENGKHOM SURCHANDRA SINGH v. MAYANGLAMBAM RAMESHWAR SINGH AND ANR
Court: High Court of Manipur
Bench: HON'BLE MR JUSTICE MV MURALIDARAN
Judgment date:
Case summary
High Court of Manipur judgment dated 2020-11-05. YENGKHOM SURCHANDRA SINGH v. MAYANGLAMBAM RAMESHWAR SINGH AND ANR. Read the judgment and case details on...
Judgment text
P a g e | 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL M. C. (EL. PET. ) NO. 7 OF 2020 Ref: - Election Petition No. 1 of 2017 Shri Yengkhom Surchandra Singh, aged about 67 years, son of Late Y. Yaima Singh, resident of Kakching Turel Wangma, P. O. & P. S. -Kakching, District Kakching, Manipur– 795103. …... APPLICANT -VERSUS- 1. Shri Mayanglambam Rameshwar Singh, aged about 50 years, son of M. Aber Singh, resident of Makha Lou, Kakching Khullen, P. O. & P. S. Kakching, District Kakching, Manipur – 795103. 2. Shri Naorem Achouba, aged about 64 years, son of Late N. Naran, resident of Kakching Ningthou Leikai, P. O. & P. S. Kakching, District- Kakching, Manipur– 795103. …...... OPPOSITE PARTIES With M. C. (EL. PET. ) NO. 8 OF 2020 Ref: - Election Petition No. 1 of 2017 Shri Yengkhom Surchandra Singh, aged about 67 years, son of Late Y. Yaima Singh, resident of MC (El. Petn. ) No. 7 of 2020 Ref:-Election Petition No. 1 of 2017 WithMC (El. Petn. ) No. 8 of 2020 Ref:- Election Petition No.
1 of 2017 P a g e | 2 Kakching Turel Wangma, P. O. & P. S. -Kakching, District Kakching, Manipur– 795103. …... APPLICANT -VERSUS- 1. Shri Mayanglambam Rameshwar Singh, aged about 50 years, son of M. Aber Singh, resident of Makha Lou, Kakching Khullen, P. O. & P. S. Kakching, District Kakching, Manipur – 795103. 2. Shri Naorem Achouba, aged about 64 years, son of Late N. Naran, resident of Kakching Ningthou Leikai, P. O. & P. S. Kakching, District- Kakching, Manipur– 795103. …...... OPPOSITE PARTIES BEFORE HON’BLE MR. JUSTICE M. V. MURALIDARAN For the Applicants :: Mr. Th. Ibohal, Sr. Advocate, Mr. Th. Modhu, Advocate, Mr. Th. Henba, Advocate, Mr. A. Sunilkumar, Advocate. For the Respondents :: Mr. A. Mohendro, Advocate Mr. AjoyPebam, Advocate Mr. Devendra Sharma,Advocate. Datesof Hearing :: 20. 10. 2020 and 21. 10. 2020. Date of reserving Judgment & Order :: 21. 10. 2020 Date of Judgment & Order :: 05. 11. 2020 MC (El. Petn. ) No. 7 of 2020 Ref:-Election Petition No.
1 of 2017 WithMC (El. Petn. ) No. 8 of 2020 Ref:- Election Petition No. 1 of 2017 P a g e | 3 JUDGMENT AND ORDER (CAV) 1. Heard learned counsel for the parties. 2. In these petitions, the applicant sought to hold an enquiry under Section 340 Cr. P. C. against the election petitioner on. the allegation that he had committed the crime punishable under Sections193, 199, 200, 209 and 471 IPC for forging and fabricating Ex. P5 and to stay the further proceedings of the Election Petition till the disposal of the application for holding enquiry. 3. While deciding the main Election Petition, this Court finds that Ex. P5 is genuine and no forgery and/or fabrication has been proved by the applicant. Further, before claiming that Ex. P5 is a forged one, the applicant has to produce their original or certified copy of the same. Without producing the original or certified copy of the said document,how the applicant claimed that Ex. P5 is a forged document.
Moreover, there is no plea in respect of forgery m the written statement filed by the applicant in the main Election Petition. MC (El. Petn. ) No. 7 of 2020 Ref:-Election Petition No. 1 of 2017 WithMC (El. Petn. ) No. 8 of 2020 Ref:- Election Petition No. 1 of 2017 P a g e | 4 4. In view of the said finding arrived at by this Court in the main Election Petition, both petitions in M. C. (E. P. ) No. 7 and M. C. (E. P. ) No. 8 of 2020 are closed. Digitally signed JUDGE by Yumkham Yumkha Rother m Rother Date: 2020. 11. 05 14:56:00 +05'30' FR/NFR Sushil MC (El. Petn. ) No. 7 of 2020 Ref:-Election Petition No. 1 of 2017 WithMC (El. Petn. ) No. 8 of 2020 Ref:- Election Petition No. 1 of 2017
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