Khongbantabam Ibomcha Singh vs Kshetrimayum Biren Singh & 3 Ors on 20 March, 2026

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    Manipur High Court

    Khongbantabam Ibomcha Singh vs Kshetrimayum Biren Singh & 3 Ors on 20 March, 2026

    Abujam
    Surjit Singh                                                                     Item Nos. 5-11
    Digitally signed by                 IN THE HIGH COURT OF MANIPUR
    Abujam Surjit Singh                           AT IMPHAL
    Date: 2026.03.20
    18:59:10 +05'30'                         MC(El.Pet.) No. 111 of 2022
                                                          With
                                                 EL.PET. No. 10 of 2022
                                                          With
                                              EL.RECR.PET. No. 21 of 2022
                                                          With
                                              MC(EL.PET.) No. 88 of 2022
                                                          With
                                              MC(EL.PET.) No. 89 of 2022
                                                          With
                                               REV.PET(J2) No. 1 of 2022
                                                          With
                                               REV.PET(J2) No. 2 of 2022
    
                      Khongbantabam Ibomcha Singh
                                                                         Petitioner/s
                                                     Vrs.
                      Kshetrimayum Biren Singh & 3 ors.
                                                                       Respondent/s

    BEFORE
    HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
    (ORDER)

    20.03.2026

    SPONSORED

    Read this in conjunction with and in continuation of the earlier

    proceedings made in the listing on 03.11.2025 which reads as follows:

    ‘03.11.2025

    Read this in conjunction with and in continuation of the earlier
    proceedings made in previous listing dated 29.10.2025 which reads as
    follows as:

    “Matter mentioned at 2:00 pm
    Mr. Ajoy Pebam, learned counsel for respondent No. 1 (returned
    candidate), requests for an adjournment citing counsel inconvenience.

    Page 1|4
    Mr. T. Rajendra, learned senior counsel instructed by Mr. Sh. Bikash
    Sharma, learned counsel for election petitioner is before this Court.
    Both sides agree that MC (EL. PET.) No. 111 of 2022, which is a
    petition taken out by respondent No. 1 with rejection of plaint plea
    will be heard out in the next listing which will be on Monday.
    List on 03.11.2025.”

    2. Today the captioned matter is listed under the cause title
    caption ‘SERVICE NOT COMPLETED’ however, learned counsel for
    petitioner draws the attention of this court to judicial order dated
    27.05.2022 made by Hon’ble processor judge which reads as follows:

    “[1] Heard Mr. T. Rajendra, learned counsel for the petitioner.
    [2] Mr. Suraj, learned Jr. counsel to Mr. Ajoy Pebam, learned
    counsel represented by that he is going to appear for respondent
    No.1 and he is also going to file Vakalatnama today.
    [3] It is reported that notice has already served to respondent
    Nos.2 to 4 but none appeared before this Court today.
    [4] Registry is directed to print the name of respondent Nos. 2 to
    4 in the cause-list.

    [5] Therefore, post this matter on 15.06.2022.”

    3. Paragraph Nos. 3 and 4 of the afore referred 27.05.2022
    judicial order is most relevant. This means that Registry ought not
    have listed the captioned matter under the cause list caption
    ‘SERVICE NOT COMPLETED’.

    4. Let these matters be listed under appropriate caption showing
    the name of respondent Nos. 2 to 4 or their counsel if they have
    entered appearance through counsel.

    5. List on 12.11.2025.’

    2. In the hearing today, Mr. T. Rajendra, learned senior counsel

    instructed by Mr. Th. Henba, learned counsel on record for election

    Page 2|4
    petitioner and Mr. Ajoy Pebam, learned counsel on record for R-1(returned

    candidate) are before this Court.

    3. There is no representation for R-2, R-3 and R-4 today also

    though they have been duly served. In the light of earlier proceedings, more

    particularly, proceedings dated 03.11.2025 (extracted and reproduced

    supra) R-2, R-3 and R-4 are set ex-parte.

    4. To be noted, ‘R-1’, ‘R-2’, ‘R-3’ and ‘R-4’ denote ‘first

    respondent’, ‘second respondent’, ‘third respondent’ and ‘fourth respondent’

    respectively.

    5. As regards M.C(El. Petn.) No.111 of 2022 which has been

    taken out by the returned candidate, Mr. Ajoy Pebam is ready to advance

    arguments but Mr. Th. Henba, learned counsel for election petitioner

    requests for a short accommodation stating that an unreported judgment

    of Hon’ble Supreme Court and a Press note which learned counsel for

    returned candidate intends to rely on has been furnished to him only

    today. This Court pointed out that election petitions have to go on a day-

    to-day basis and learned counsel on both sides submitted that they will take

    more care in this regard in days to come.

    6. In M.C(El. Petn.) No.111 of 2022, the caption says it has been

    filed under two provisions namely Order VII Rule 11(a) of ‘the Code of Civil

    Procedure, 1908′ ( ‘CPC‘ for the sake of brevity) and Section 86(1) of ‘the

    Representative of the People Act, 1951‘ (‘RP Act’ for the sake of brevity).

    In the prayer in M.C(El. Petn.) No.111 of 2022, there is reference to three

    Page 3|4
    provisions namely Order VII rule 11(a) of CPC, Order VI Rule 16 of CPC

    and Section 86(1) of RP Act.

    7. Mr. Ajoy Pebam, learned counsel for returned candidate very

    fairly submitted that he is invoking only one provision namely Order VII

    Rule 11(a) CPC. This submission is recorded. To put it differently, learned

    counsel on record for returned candidate submits that he is not invoking

    section 86(1) of RP Act and Order VI Rule 16 of CPC. As regards captioned

    M.C(El.Petn.) No.111 of 2022 is concerned, this also means the captioned

    M.C(El. Petn.) No.111 of 2022 will now be tested only as an application

    Under order VII Rule 11(a).

    8. Adjourned at the request of learned counsel for election

    petitioner.

    9. List on 25.03.2026.

    CHIEF JUSTICE

    Ab. Surjit

    Page 4|4



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