NAMRI NCHANG Vs. NAMDUADI RANGKAU ZELIANG

JUDGEMENT

(1.) Heard Mr. C.T. Jamir, learned counsel for the applicant and also heard Mr. S.Dutta, learned Sr. counsel appearing for the opposite party/ respondents.

(2.) This is an I.A praying for taking up the Issue No. 3 and 4 framed in the main Election Petition No. 2(K) of 2018 as preliminary issues and disposed the same. The Issue No. 3 and 4 reads as follows;

(3.) Mr. S. Dutta, learned Sr. counsel appearing for the opposite party who is the election petitioner, at the very outset, submitted that this I.A is just another ploy of the respondent in the election petition to delay disposal of the same. The learned Sr. counsel thereafter, referred to Order 14 Rule-2 of CPC and submitted that the I.A is filed under this provision. Therefore only when the election petition can be disposed of based on the issue of law a preliminary hearing as prayed for by the applicant can be allowed. The learned counsel submitted further that too also would be limited to the jurisdiction of this Court, or; if the petition is barred by any law for the time being in force. However, the instant application is outside the purview of this provision of law, therefore, it deserves out right dismissal.