Disposed

Surinder Singh and Ors. v. Election Tribunal Ludhiana and Ors.

Punjab & Haryana HC18 Nov 2009CR/6733/2009

Case brief

AI extract

What is this about?

Single judge directed high court petitioners to file an application for compliance with a Division Bench order of December 9, 2008, directing the Election Tribunal to decide the election petition within six months under the Punjab State Election Commission Act. The Tribunal was directed to comply or face contempt proceedings.

What did the court decide?

Direction to move an application for compliance of Division Bench directions; Tribunal to comply with statutory provisions.

Surinder Singh and Ors. Vs Election Tribunal Ludhiana… — Election Law | Punjab & Haryana HC (2009)

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C.R. No. 6733 of 2009 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH.

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C.R. No. 6733 of 2009

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Date of Decision: November 18, 2009

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Surinder Singh and others

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Vs.

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Election Tribunal, Ludhiana and others

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…..Respondents

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CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.

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-.-

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Present:Mr. Kanwaljit Singh, Senior Advocate with Mr. Harmanjit Singh, Advocate for the petitioners.

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-.-

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M.M.S. BEDI, J. (ORAL)

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Vide order dated December 9, 2008 a Division bench of this Court has already issued directions to the Election Tribunal to decide the election petition within a period of six months.

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Counsel for the petitioners has submitted that even as per the provisions of Section 80 (5) and (6) of the Punjab State Election Commission Act, (hereinafter referred to as ‘the Act’), an election tribunal

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C.R. No. 6733 of 2009 [2]

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is required to take up the election petition on day to-day basis and decide the same expeditiously within a period of six months from the date on which the election petition is presented.

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Through instant petition, a direction has been sought to the Election Tribunal, Ludhiana to comply with the judicial order passed by the Division Bench and to take up to decide the application as per the abovesaid statutory provisions.

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Counsel informs that on account of the exigencies of service and for various reasons which are reflected in the interim orders, the statutory compliance of the provisions of Section 80 (5) and (6) of the Act is not being made.

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I have heard counsel for the petitioners and gone through the interim orders and the order passed by the Division Bench of this Court in context to the provisions of Section 80 (5) and (6) of the Act, and I am of the opinion that since a Division Bench of this Court has already issued a direction which is required to be complied with by the Election Tribunal, it appears that the order dated December 9, 2008 giving a direction to dispose of the election petition within a period of six months has not specifically been brought to the notice of the Election Tribunal.

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This petition is disposed of with a direction that the petitioners will move an application for compliance of the directions of Division Bench of this Court before the Election Tribunal. The Election Tribunal will take necessary steps to comply with the said directions and the statutory provisions of Section 80 (5) and (6) of the Act. If no action is taken, it will

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C.R. No. 6733 of 2009 [3]

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be open to the petitioners to avail the legal remedy for willful disobedience

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of the orders of the Court, in accordance with law.

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Order dasti on payment of usual charges.

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November 18, 2009 (M.M.S.BEDI) sanjay JUDGE

Surinder Singh and Ors. v. Election Tribunal Ludhiana and Ors.

Case brief

What is this about?

What did the court decide?

Surinder Singh and Ors. v. Election Tribunal Ludhiana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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