Disposed

Smt Pramjeet v. Darshana Bai and Anr.

Rajasthan HC5 May 2017CW/6393/2017

Case brief

AI extract

What is this about?

Petitioner challenged the respondent's election to Sarpanch post via an election petition stalled by delaying tactics. Court mandated disposal within six months and restricted adjournments to prevent enjoyment of illegal office.

What did the court decide?

Trial court directed to dispose of election petition within six months; adjournments restricted to short periods with reasoned orders.

Smt Pramjeet Vs Darshana Bai and Anr. — Election Law | Rajasthan HC (2017)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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ORDER

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Smt. Pramjeet Wife of Shri Vijay Singh, by Caste Rajpoot, Aged About 46 Years, R/o Village Hajipur, Tehsil Ramgarh, District Alwar (Rajasthan)

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Versus

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Darshana Bai Wife of Ramesh Chand, Aged About 33 Years, R/o Village Hajipur, Tehsil Ramgarh, District Alwar (Rajasthan)

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Returning Officer Election, Village Panchayat Hajipur, Tehsil Ramgarh, District Alwar, Through District Election Officer (Panchayat) Collector Alwar, Rajasthan

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----Respondents

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Date of Order: May 05, 2017.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Aatish Jain, for the petitioner.

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BY THE COURT :

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It has been submitted by the petitioner-Election Petitioner

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(hereinafter the EP') that the election petition, titled Smt. Pramjeet Vs. Darshana Bai & another was filed against the respondentreturned candidate (hereinafter the RC') on 28-1-2017 impugning her election to the post of Sarpanch of Gram Panchayat Hajipur, Panchayat Samiti & Tehsil Ramgarh, District Alwar. Summons have

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been served on the RC. Thereafter the election petition has however

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been stalled by the RC to his advantage by seeking adjournments which are granted on the mere asking and/ or by moving frivolous applications which remain unaddressed for long period of time. It has been submitted that if the election petition were to so proceed at a leisurely pace and the RC allowed to enjoy five year term, it would be a travesty of justice and remedy of election for the EP a mere chimera and a blot on the administration of justice.

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Counsel submits that it was incumbent on the Additional District Judge No.3 Alwar to fast track the trial in the election petition looking to its nature, so to say perishable in a sense and dispose it of expeditiously as delay would be most unjust in the event the RC's election being set aside and yet he in the meantime having enjoyed the fruits to a post for which he is found to have been illegally elected.

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Heard. Considered.

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The Hon'ble Apex Court in the case of Kailash Vs. Nanhku [(2005)4 SCC 480] while dealing with trial in election petition held as under:-

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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

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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.”

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In the facts of the case, where the election petition filed by the EP is pending and the term of the RC is only five years, I would direct the trial court to dispose of the Election Petition laid by the EP within a period of six 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 except when inevitable and that too for the short possible time, by a reasoned order on a proper application being filed to the satisfaction of the trial court. The trial court shall also have the option for deciding miscellaneous applications filed along with the final judgment in the election petition as held by the Apex Court in the case of Pukhrem Sharatchandra Singh Vs. Mairembam Prithviraj (AIR 2015 SC 3783).

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The petition stands disposed of accordingly.

(Alok Sharma), J.

arn/

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

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Arun Kumar Sharma, Private Secretary.

Smt Pramjeet v. Darshana Bai and Anr.

Case brief

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Smt Pramjeet v. Darshana Bai and Anr.

Case brief

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