Disposed

Smt Guddi v. Manisha andORS

Rajasthan HC1 Aug 2016CW/10101/2016

Case brief

AI extract

What is this about?

This order concerns a writ petition seeking to direct the District Judge Karauli to fast-track an impugned election petition against a Sarpanch. The court relied on Supreme Court authority on delays and ordered disposal within four months.

What did the court decide?

Directed the District Judge Karauli to dispose of the Election Petition within four months and restrict adjournments to just cause.

Smt Guddi Vs Manisha andORS — Election Law | Rajasthan HC (2016)

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Smt. Guddi Vs. Manisha & others (S.B. Civil Writ Petition No.10101/2016)

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Date: August 01, 2016.

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HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Timan Singh, for the petitioner. BY THE COURT:

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It has been submitted that the election petition No.67/2015

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was filed in the court of District Judge Karauli against the respondent impugning her election for the post of Sarpanch. Summons have been served on the respondent and she filed her reply. Issues have been framed in the matter and thereafter the case is pending.

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Counsel submits that the District Judge Karauli be directed to fast track the trial and decide the election petition expeditiously in view of the judgment of the Apex Court in the case of Kailash Vs. Nanhku [(2005)4 SCC 480] wherein the Apex Court held thus:-

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“The delaying tactics adopted by the defendants in law courts are now proverbial as they do stand to gain by delay. This is more so in election disputes because by delaying the trial of election petition, the successful candidate may succeed in enjoying the substantial part, if not in its entirety, the term for which he was elected even though he may lose the battle at the end. Therefore, the judge trying

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the case must handle the prayer for adjournment with firmness.”

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Heard. Considered.

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In the facts of the case, I would direct the trial court i.e. District Judge Karauli to dispose of the Election Petition within a period of four months from the date of furnishing a certified copy of this order. To effectuate this order adjournment in the matter shall not be granted without just cause and for the short possible time, except by a reasoned order on a proper application being filed to the satisfaction of the trial court.

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The petition stands disposed of accordingly.

(Alok Sharma), J.

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All corrections made in the order have been incorporated in the order being emailed.

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Arun Kumar Sharma, Private Secretary.

Smt Guddi v. Manisha andORS

Case brief

What is this about?

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Smt Guddi v. Manisha andORS

Case brief

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