District court refers petition to trial court
Source: Chronicle News Service
Imphal, October 19 2022:
The District and Sessions Judge, Imphal West on Wednesday referred the petition filed over the election of office bearers of Manipur Badminton Association (MBA) 2022-26, to the trial court for a decision on the matter.
Both the petitioners and the respondents accepted the Sessions Court's order.
The petition filed by Maisnam Romesh Luwang as appellant with MBA and 4 others as respondents, and the appeal filed by Manipur Civil Services Badminton Club and others with MBA and 3 others as respondents were jointly heard by the Court.
In his petition, the appellant requested the court to declare the circular issued on September 7 as null and void and sought a temporary injunction against defendants (no 1 and 2), in addition to allowing the appellant and others like him to have their votes counted in the election, which was held on September 10 .
After listening to the arguments, the court observed that as the defendants failed to submit any written statement with regard to the appeal, the trial court can dispose the appeal without waiting for defendant no 5 to show up to the court.
Both parties accepted the suggestion of the court.
Based on the suggestion of the court, defendant no 2 (returning officer) will count 45 ballots separately and keep 10 ballots aside in a different box.
Defendant no.2 is to count the 45 ballots and declare the election result while the case is pending.
The 10 ballots will not be counted in the election result.
The validity of the 10 ballots will depend on the judgment of the trial court and as such, after the counting of the 45 ballots, the 10 ballots are to be sealed and kept in the custody of the Manipur Olympic Association.
Defendant no 2 is to monitor the security of the 10 ballots which will be in the custody of the Manipur Olympic Association.
He must then submit a detailed report of the total votes secured by the candidates, separately specified for the 45 ballots and the 10 ballots, to the trial court.
Any other issues aside from the ones being dealt should be presented before the court.
Thus, in accordance with the above order, the Sessions Court disposed the appeal and directed the parties to be present before the trial court on October 31 .