Rajasthan High Court - Jaipur
Smt. Sulbha Sinsinwar vs . Beena & Others on 9 February, 2016
Author: Alok Sharma
Bench: Alok Sharma
Smt. Sulbha Sinsinwar Vs. Beena & Others (S.B. Civil Writ Petition No.1779/2016) Date: February 09, 2016. HON'BLE MR. JUSTICE ALOK SHARMA Mr. Shobhit Vyas, for the petitioner.
The only prayer of the petitioner is that the Senior Civil Judge Bharatpur be directed to conclude the trial of the election petition No.202/2015 (8/15) as expeditiously as possible. Counsel for the petitioner has relied upon the decision of the Supreme Court in case of Kailash Vs. Nanhku [(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 adjournments with firmness.
Counsel for the petitioner has submitted that the returned candidate Beena w/o Jitendra Singh has been served and there is no obstruction to expediting the trial in election petition filed under the provisions of Rajasthan Panchayati Raj (election) Rules, 1994.
In view of judgment of the Apex Court in the case of Kailash (supra) and taking into consideration the fact that the returned candidate 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 six 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.
(Alok Sharma), J.
arn/ All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.