Md. Nasirruddin Khan vs B.L. Shanker And Ors Reported In on 16 March, 2026

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    Manipur High Court

    Md. Nasirruddin Khan vs B.L. Shanker And Ors Reported In on 16 March, 2026

    Author: Ahanthem Bimol Singh

    Bench: Ahanthem Bimol Singh

    Lucy Digitally
          by Lucy
                   signed
                                                                       Item Nos. 7-9
    Gurum Gurumayum
          Date:             IN THE HIGH COURT OF MANIPUR
          2026.03.17
    ayum 13:41:32 +05'30'             AT IMPHAL
    
                El. Pet. No. 8 of 2022
                Md. Nasirruddin Khan                                  ...Petitioner/s
                     Vrs.
                Lourembam Rameshwor Meetei & 4 Ors                  ...Respondent/s

    With
    MC(EL.Pet.) No. 52 of 2022
    El. Recr. Pet. No. 10 of 2022

    -B E F O R E-

    SPONSORED

    HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

    16.03.2026

    [1] Mr. N. Zequeson, learned counsel appeared for the

    respondent no. 1.

    [2] By an order dated 31.08.2022 passed by this Court in

    El. Pet. No. 8 of 2022, the Election Petition has been proceeded ex-

    parte against respondent nos. 2 to 5.

    [3] During the pendency of the Election Petition, an

    application registered as MC(El. Pet) No. 18 of 2025 was filed by

    the learned counsel appearing for the election petitioner with a

    prayer for allowing their determination as counsel for the Election

    Petitioner. By an order dated 18.12.2025 the said application was

    allowed and the counsel appearing for the election petitioner

    determined themselves from representing the Election Petitioner.

    [4] It has been submitted by Mr. N. Zequeson that

    consequent upon allowing the determination of the counsel
    Page 1
    representing the Election petitioner, the Election Petitioner remain

    un-represented in all the proceedings subsequent to allowing the

    determination of the counsels representing the election petitioner.

    [5] Today also when these matters are taken up, the

    election petitioner remain un-represented by anybody. In view of

    the above, the learned counsel for the respondent no. 1 in the said

    Election Petition prays for dismissing the Election Petition for non-

    prosecution.

    [6] I have heard the submission advanced by the learned

    counsel representing the respondent no. 1 in Election Petition and

    the petitioner in the connected Election Recrimination Petition No.

    10 of 2022.

    [7] On perusal of the earlier proceeding in connection

    with the said Election Petition as recorded in the order sheet, it is

    ascertained that the election petitioner has been absent in all the

    subsequent proceeding after allowing of the determination of the

    counsel representing the election petitioner. In the case of Dr. P.

    Nalla Thampy Thera vs B.L. Shanker and Ors reported in

    1984 (Supp) Supreme Court Cases 631 it has been, inter alia,

    held by the Hon’ble Apex Court as under:-

    “15. We proceed next to examine whether the election petition
    could be dismissed in the absence of the election petitioner and
    whether the appellant could apply for its restoration though he
    himself was not the election petitioner. The basis of the appellant’s
    contention that the election petition cannot be dismissed for the
    Page 2
    absence of the election petitioner is that once an election petition
    is filed, it concerns the entire constituency. Purity of the electoral
    process in a democracy, it is contended, is of paramount
    importance and an election petition cannot be permitted to be
    dismissed for default inasmuch as that would lead to situations
    brought about by manipulation, undue influence, fraud or winning
    over of the election petitioner. The second respondent’s counsel
    has not disputed before us and rightly in our view that purity of the
    electoral process is paramount in a democracy and an election
    petition should not be permitted to be abandoned by undue
    influence or pressure over the election petitioner. It may be pointed
    out that there was no allegation of undue influence or pressure
    over the election petitioner to justify his conduct in this case. It is
    relevant to mention that the second respondent who was the
    elected candidate was expelled from the Lok Sabha in December
    1978, and in August 1979, the Lok Sabha to which respondent 2
    had been elected was dissolved. It was after these supervening
    events that in October 1979 the request to delete prayer (c) was
    made and the other orders followed. This explanation given by
    respondent 2’s counsel to justify the conduct of the election
    petitioner is a relevant feature.

    16. There is no support in the statute for the contention of the
    appellant that an election petition cannot be dismissed for default.
    The appellant contended that default of appearance or non-
    prosecution of the election petition must be treated as on par with
    withdrawal or abatement and, therefore, though there is no clear
    provision in the Act, the same principle should govern and the
    obligation to notify as provided in Section 110 or 116 of the Act
    should be made applicable. We see no justification to accept such
    a contention. Non-prosecution or abandonment is certainly not
    withdrawal. Withdrawal is a positive and voluntary act while non-
    prosecution or abandonment may not necessarily be an act of
    volition. It may spring from negligence, indifference, inaction or
    even incapacity or inability to prosecute. In the case of withdrawal
    steps are envisaged to be taken before the Court in accordance
    with the prescribed procedure. In the case of non-prosecution or
    abandonment, the election petitioner does not appear before the
    Court and obtain any orders. We have already indicated that the
    Act is a self-contained statute strictly laying down its own
    procedure and nothing can be read in it which is not there nor can
    its provisions be enlarged or extended by analogy. In fact, the
    terms of Section 87 of the Act clearly prescribe that if there be no
    provision in the Act to the contrary, the provisions of the Code
    would apply and that would include Order 9, Rule 8 of the Code,
    under which an election petition would be liable to be dismissed if
    the election petitioner does not appear to prosecute the election
    petition.

    Page 3

    17. In many cases it has been held that an election petition can be
    dismissed for default. A Full Bench of the Punjab High Court in Jugal
    Kishore v. Dr. Baldev Parkash
    , had occasion to consider this
    question when Grover, J. delivering the judgment of the Court
    spoke thus:

    It has been repeatedly said that an election petition once
    filed is not a contest only between the parties thereto but
    continues for the benefit of the whole constituency. It is for
    that purpose that in the Representation of the People Act,
    1951
    , provisions have been made in Sections 109 and 110
    relating to withdrawal of an election petition and Sections
    112
    and 116 relating to abatement of such a petition the
    effect of which is that the petition cannot come to an end
    by the withdrawal thereof by the death of the petitioner or
    by the death or withdrawal of opposition by the respondent,
    but is liable in such cases to be continued by any person
    who might have been a petitioner. There is nothing in the
    entire Act providing or indicating that a similar procedure is
    to be followed in the event of a petitioner failing to
    prosecute the petition. Such failure can be due to various
    causes. The petitioner can, by force of circumstances, be
    genuinely rendered helpless to prosecute the petition. For
    instance, he may find that his financial condition has
    suddenly worsened and that he can no longer afford the
    expenses of litigation He may even, owing to exigencies of
    business or vocation or profession, have to go to such a
    distant place from the seat of the High Court where the
    election petition is being tried that he may find it impossible
    to prosecute the petition in a proper manner. There would
    be two courses open to him and that will depend entirely
    on his volition. He can either file an application for
    withdrawal of the petition disclosing the circumstances
    which have brought about such a situation in which case
    there would be no difficulty in following the procedure laid
    down in
    Sections 109 and 110 of the Act, or he may choose
    to simply absent himself from the Court or cease to give
    any instructions to the counsel engaged by him or fail to
    deposit the process-fee and the diet-money for witnesses
    or take the necessary steps for summoning the witnesses
    in which case the Court will have no option but to dismiss
    the election petition under the provisions of the Code of Civil
    Procedure
    which would be applicable to the election
    petitions in the absence of any express provisions in the
    Act. The dismissal will have to be under the provisions
    contained in Order 9 or Order 17 of the Code.

    It is quite clear that there is no distinct provision in the Act
    laying down any particular or special procedure which is to
    be followed when the petitioner chooses to commit default
    either in appearance or in production of evidence or

    Page 4
    generally in prosecuting the petition. The provisions of the
    Code of Civil Procedure
    would, therefore, be applicable
    under Section 87 of the Act. I am further of the opinion that
    any argument which could be pressed and was adopted for
    saying that the inherent powers of the Court could not be
    exercised in such circumstances would be of no avail now
    as the High Court is a Court of Record and possesses all the
    inherent powers of a court while trying election petitions.

    It is relevant to note the observations of Hidayatullah, C.J. in
    Sunderlal Mannalal v. Nandramdas Dwarkadas, where he indicated:

    (AIR p. 261, para 5)
    Now the Act does not give any power of dismissal. But it is
    axiomatic that no court or tribunal is supposed to continue
    a proceeding before it when the party who has moved it
    has not appeared nor cared to remain present. The
    dismissal, therefore, is an inherent power which every
    tribunal possesses…

    18. Similar view bas been expressed by another Full Bench of the
    Allahabad High Court in Duryodhan v. Sitaram.
    A four-Judge Bench
    of this Court in Rajendra Kumari Bajpai v. Ram Adhar Yadav,
    referred to the Punjah case. Fazal Ali, J. speaking on behalf of the
    Court quoted a portion of the judgment of Grover, J. which we have
    cited above and said: (SCC p. 453, para 10)

    We fully approve of the line of reasoning adopted by the
    High Court in that case.

    It, therefore, follows that the Code is applicable in disposing of an
    election petition when the election petitioner does not appear or
    take steps to prosecute the election petition. Dismissal of an
    election perition for default of appearance of the petitioner under
    the provisions of either Order IX or Order XVII of the Code would,
    therefore, be valid and would not be open to challenge on the
    ground that these provisions providing for dismissal of the election
    petition for default do not apply.”

    [8] In the said judgment, the Hon’ble Apex Court has

    categorically held that the Election Petition can be dismissed for

    non-prosecution as provided under Order IX or Order XVII of the

    CPC.

    Page 5
    [9] In view of the failure on the part of the Election

    Petitioner to prosecute the Election Petition and in view of the law

    laid down by the Hon’ble Apex Court in the case of Dr. P. Nalla

    Thampy Thera vs B.L. Shanker and Ors reported in 1984

    Supreme Court Cases 631 (Supra), this court is of the

    considered view that there is force and substance in the submission

    advanced by the learned counsel appearing for the respondent no.

    1 in the Election Petition. Accordingly, the Election Petition is

    hereby dismissed for non-prosecution.

    [10] Mr. N. Zequeson, learned counsel appearing for the

    petitioner in the Election Recrimination Petition No. 10 of 2022

    submitted that as the connected Election Petition No. 8 of 2022 has

    been dismissed for non-prosecution, the learned counsel submitted

    that he did not want to press the said Election Recrimination

    Petition as well connected the MC(El. Pet.) No. 52 of 2022.

    [11] In view of the submission made by the learned

    counsel, the El. Recr. Pet. No. 10 of 2022 and MC(El. Pet.) No. 52

    of 2022 are hereby dismissed as not pressed.

    JUDGE

    Lucy

    Page 6



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