JOTIN WAIKHOM Vs. KHUMUKCHAM JOYKISAN SINGH

JUDGEMENT

(1.) Heard Mr. Ajoy Pebam, learned counsel appearing for the applicant and Mr. N. Ibotombi, learned senior counsel assisted by Mr. A. Rommel, learned counsel appearing for the respondent No 1. None appeared for the respondent No 2.

(2.) In the present application, it has been pleaded that in El. Petn. No 8 of 2017 filed by the present applicant in connection with the previous election, the present respondent No. 1 wrote his name as "Khumukcham Joykishan Singh" in the cause title of his written statement as well as in the affidavit filed in support of his written statement. It has also been pleaded that while executing and registering a Sale Deed dtd. 2/6/2017, the name of the respondent No. 1 was written as "Khumukcham Joykishan Singh" and that in Revenue Receipt No. 0935 in respect of his land issued by the Revenue Department, the name of the respondent No. 1 is written as "Joykishan" and that before the Sub-Divisional Officer, Lamphel, Imphal West, the respondent No. 1 presented himself as "Joykishan" as the appellant in Revenue Appeal Case No. 5 of 2017 and Revenue Appeal Case No. 7 of 2017.

(3.) It is the case of the applicant that the name of the respondent No. 1 is some time written as "Khumukcham Joykishan Singh" and some time as "Khumukcham Joykisan Singh" in some of his important/ official documents and accordingly, at the time of drafting the present Election Petition No. 12 of 2022, the learned counsel for the applicant committed a mistake in writing the name of the respondent No. 1, in that he added the letter "h" in between the letters "s" and "a" in writing the name of the respondent No. 1, which appeared at the Index, List of Date and Synopsis, Cause Title at page No. 4, para No. 14(I) at page No. 17, para No. 14 (II) at page No. 19, para 22 at page No. 29 and para No. 1(II) at page No. 44 of the election Petition No. 12 of 2022. The applicant also pleaded that the respondent No. 1 wrote his name as "Joykisan" in filing his nomination paper in connection with the 12th Manipur Legislative Assembly Election, 2022, however, being a time bound matter, the applicant did not perused properly the spelling of the name of the respondent No. 1 mentioned in the said election petition and consequently the applicant failed to write the name of the respondent No. 1 as "Joykisan" in some pages of the election petition during the preparation of the said election petition.