High Court dismisses
Source: The Sangai Express
Imphal, June 05 2025:
The Single Bench of the Manipur High Court has on Wednesday dismissed the election petition filed by Yumkham Erabot Singh against Wangkhei MLA Thangjam Arunkumar.
The election petition was dismissed by Justice Ahanthem Bimol after hearing arguments from both the petitioner's and respondent's counsels.
During the hearing of the election petition, the appointed Advocate Commissioner filed a report with the Court on May 16, 2024, stating that the petitioner's counsel had declined to produce or examine witnesses in connection with the election petition.
The Advocate Commissioner requested the Court to pass suitable orders in light of the petitioner's refusal to present evidence.
Subsequently, an affidavit was filed by the petitioner's counsel, stating that the petitioner had informed him of his inability to produce witnesses and of his decision to discontinue pursuing the case.
The counsel submitted that the election petitioner had lost interest in pursuing the case and was unwilling to produce or examine witnesses.
Furthermore, the petitioner had instructed the Advocate to discontinue proceedings with the election petition.
Thereafter, the petitioner became unresponsive, and the counsel, citing the petitioner's non-cooperation and lack of further instructions, submitted that they were unable to proceed with the election petition.
The counsel requested the court to pass an appropriate order in the matter.
Senior counsel HS Paonam, representing the respondent, argued that while the Representation of the People Act, 1951, allows for withdrawal of an election petition following a specified procedure, it does not provide for dismissal due to lack of prosecution.
He submitted that the Court may pass an appropriate order based on the facts and circumstances of the case.
Considering the petitioner's decision not to prosecute the election petition further and their refusal to provide evidence or witnesses, the Court concluded that continuing the process would serve no purpose and would be futile.
The Court dismissed the election petition filed by Yumkham Erabot for lack of prosecution.
On the other hand, the same Court has scheduled June 9 for further proceedings in the election petition filed by Okram Henry against Wangkhei MLA Thangjam Arunkumar.