Directed the trial court to conclude the election petition expeditiously within eight months, restricting adjournments to written applications and appointing heavy costs for frivolous proceedings.
Directed the trial court to conclude the trial within eight months; adjournments only on written applications; exemplary costs for frivolous miscellaneous applications.
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S.B. CIVIL WRIT PETITION NO.5466/2016 (Kajod Mal Vs. Ghanshyam & Ors.)
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R IN
S.B. CIVIL WRIT PETITION NO.5466/2016 (Kajod Mal Vs. Ghanshyam & Ors.)
Date of Order : 04.05.2016
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Deepak Meena, for the petitioner. BY THE COURT
The only prayer of the petitioner is that the Senior Civil Judge, Rajgarh (Alwar) be directed to conclude the trial of the election petition No.38/13/2015 titled as Kajod Mal Vs. Ghanshyam & Ors., as expeditiously as possible. Counsel for the petitioner has relied upon the decision of the Supreme Court in case of Kailash Vs. Nanhku & Ors., (2005) 4 SCC 480, wherein it has been held:-
“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 the case must handle the prayer for adjournment with firmness.”
Counsel for the petitioner has submitted that the opposite party in the election petition has been served and there is no obstruction to expediting the trial in election petition filed under the provisions of Rajasthan Panchayati Raj Act, 1994 and Rules made thereunder.
S.B. CIVIL WRIT PETITION NO.5466/2016 (Kajod Mal Vs. Ghanshyam & Ors.)
(2)
In view of judgment of Apex Court in the case of Kailash (supra) and taking into consideration the fact that the opposite party has been served before the trial court, the trial court is directed to conclude the trial of the election petition as expeditiously as possible and in any event not later than eight months from the receipt of a certified copy of this order, if necessary by taking the case day to day basis. Adjournments be granted only on applications in writing and misc. applications if filed, be decided within three days of filing and be visited by exemplary costs if found frivolous and vexatious.
The writ petition stands disposed of.
Stay application needs no address in view of the
petition itself having been disposed of.
(ALOK SHARMA), J
MS/-106
2 issues framed by the court
Whether the trial court should be directed to conclude the trial of the election petition expeditiously.
Whether timelines should be specified for concluding the trial and dealing with miscellaneous applications.
Colour shows how this judgement treated each authority
Kailash Vs. Nanhku & Ors.Relied on¶9
Kailash Vs. Nanhku & Ors., (2005) 4 SCC 480 · Who else cites this
1 provisions across 1 enactments
Kajod Mal
Ghanshyam
Allo Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Allo Shankar
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