High CourtsSingle Bench(2023) 04 MAN CK 0062

Okram Henry Singh vs Thangjam Arunkumar & 2 Ors.

Manipur High Court · Decided on 25 April 2023

HON’BLE JUDGES
Ahanthem Bimol Singh, J
RESULT
Allowed
CASE NUMBER
Election Petition No. 1 Of 2022 & Miscellaneous Case (Election Petition.) No. 32 Of 2023 [Ref:- Election Petition No. 1 Of 2022]

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Judgment

9 paragraphs · 279 words

Ahanthem Bimol Singh, J

[1] Heard Mr. Ajoy Pebam, learned counsel appearing for the applicant, Mr. HS. Paonam, learned senior counsel assisted by Ms. Malemleima, learned counsel appearing for the respondent No. 1, Mr. A. Priyokumar, learned counsel appearing for the respondent No. 2 and Mrs. L. Ayangleima, learned counsel appearing for the respondent No. 3.

[2] The present application had been filed with a prayer for framing additional issues as proposed in Para 5 of the present application. This Court has already framed several issues on 18.04.2023.

[3] The learned counsel for the applicant submitted that through inadvertence, he has failed to suggest the proposed additional issues while framing the earlier issues and accordingly, the learned counsel prays for allowing framing of the additional issues.

[4] The learned counsel appearing for the respondents submitted that they have no objection in framing the said additional issues. In view of the submissions made by the learned counsel appearing for the parties, the following additional issues are framed for adjudication:-

(i) Whether the Form 26 Affidavit dated 7/02/2022 of the Respondent No. 1 is in correct format?

(ii) Whether the Respondent No. 1 failed to disclose loan overdue of Rs. 2,62,750 (Rupees two lakhs sixty-two thousand seven hundred and fifty) of his spouse to Axis Bank, Imphal Branch being A/C No. 916010075728945 in the relevant column of Para No 8 of his Form 26 Affidavit dated 07/02/2022?

(iii) Whether the Respondent No. 1 falsely filled up as “Not Applicable” in the Column of ‘PAN’ of his Dependent- 1 and 2 of Part B Para No. 11 of his Form 26 Affidavit dated 7/02/2022?”

[5] The present misc. application is accordingly allowed.