SANASAM BIRA SINGH Vs. NINGTHOUJAM MANGI

JUDGEMENT

(1.) Heard Shri Serto T. Kom, learned Advocate appearing for the applicant/ respondent No.1 and Shri A. Mohendro, learned Advocate appearing for the respondent No.1/ petitioner.

(2.) This is an application filed by the applicant/ respondent No.1 praying for framing preliminary issues which are as under:

(3.) According to the applicant/ respondent No.1, if the above proposed preliminary issues are decided in the negative, this court need not proceed with the trial of the election petition. If the violation of the instruction of the Election Commission of India dated 09-06-2015 does not amount to corrupt practice within the meaning of Section 123 of the Representation of Peoples Act, 1951 and also if there is no necessity of mentioning para 8(i) and para 11(9) in the affidavit, there will be no requirement for trial at all. In order to save the precious time of this court, it is necessary to frame the proposed preliminary issues for the end of justice.