Special leave petition cannot affect the proceedings of instant election petition – Manipur high court
Special leave petition cannot affect the proceedings of instant election petition – Manipur high court
Special leave petition filed before the honorable supreme court against the order of dismissal cannot affect the proceedings of instant election petition held in a judgment given by a single bench judge HON’BLE MR. JUSTICE M.V. MURALIDARAN in the case of Shri Lorho S.Pfoze versus Angam Karung Kom and ors. (MC(EP) No.21 of 2021)
The application is filed by applicants to stop the further proceedings of the election petition for the time till the special leave petition is being heard in the Hon’ble Supreme supreme court. The learned counsel for the applicants submitted that the applicant has filed SLP in Dairy No.10469of 2021 before the Hon’ble Supreme Court and the same shall be considered by the Hon’ble Supreme Court. therefore till that time, the Court may defer the further proceedings of the election petition till the disposal of the SLP.
the learned counsel for the respondent submitted that to delay the proceedings and trial of the main election petition, the application was filed and the mere filing of SLP cannot affect the proceeding of the election petition as the SLP is not registered under the defect list and also submitted that there is no provision for deferring the proceeding of the main election petition and the trial of the election petition is a special trail and Chapter III of the Representation of the People Act, 1951 provides for trial of election petitions.
The court considered the submissions made and considered that Mere filing of SLP before the Hon’ble Court cannot affect the proceeding of the main election petition and the SLP has not been registered yet and is under defect list. There is no interim order restraining this Court from proceeding with the main election petition and this Court is of the view that deferring the further proceedings of the election petition is not appropriate and every election petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date.
Further, the applicant has filed the instant application and the same cannot be entertained and is liable to be dismissed.
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judgement reviewed by Naveen sharma