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Judgment
[1] Heard Mr. Ajoy Pebam, learned counsel for the applicant in MC(El.Pet) No.4 of 2021 as well as Election petitioner and Mr. Lenin Hijam, learned
Addl. AG for the respondent No.1.
[2] Mr. Lenin Hijam, learned Addl. AG who appeared for the respondent No.1 informed this Court that except DW No.1 there is no other witness.
Therefore, he wants to close the evidence on his side.
[3] Recording his submission, the evidence on the side of the respondents is closed.
[4] Since the matter is posted on 22.2.2021, Mr. Lenin Hijam, learned Addl. AG represented that the matter may be posted after the examination of
PW No.4 on the next day on 23.2.2021 for argument of the case.
[5] On the other hand, Mr. Ajoy Pebam, learned counsel for the Election Petition represented that after the evidence of the PW 4, he has to get
instruction from his client namely from the Election Petitioner that whether any more witnesses be examined on the side of the Election Petitioner.
[6] Apart from this, the Court is not in position to fix the case for argument on 23.2.2021 without closing the entire evidences on both side. Admittedly,
the evidence on the side of Election Petitioner is opened and the PW 4 is yet to be examined.
[7] Admittedly, on the instance of the respondent No.1, this Court is fixed the hearing of this case on day-to-day basis. Therefore, there is no harm to
this Court to hear the matter expeditiously on day-to-day basis.
[8] Though the matter has been posted on 18th & 19th February, 2021, no witness was examined.
[9] Anyhow, now the learned counsel for the petitioner come forward and filed this MC(El.Pet) No.4 of 2021 for examination of PW No.4.
[10] Therefore, post this matter on 22.2.2021 at 2:00 pm. The
Registry is directed to permit PW No.4, to enter into the Court and give evidence.
[11] Registry is directed to issue copy of this order to both parties through their Whatsapp/e-mail.