Sita v. District Election Officer, Panchayat Election Officer
2016-12-21
M.N.BHANDARI
body2016
DigiLaw.ai
ORDER : M.N. Bhandari, J. 1. The only prayer of the petitioner is that the District Judge, Sawai Madhopur (hereinafter "the trial court") be directed to conclude the trial of the election petition No. 15/2015, as expeditiously as possible. Counsel for the petitioner has relied upon the decision of the Supreme Court in case of Kailash v. 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." 2. Learned counsel for the petitioner has submitted that the issues have been framed on 18.11.2015 and there is no 2 obstruction to expediting the trial in election petition filed under the provisions of Rajasthan Panchayati Raj Act, 1994 and Rules of the Rajasthan panchayat Raj (Election) Rule 1994. 3. In view of judgment of Apex Court in the case of Kailash (supra) and taking into consideration the fact that the issues have been framed, the trial court is directed to conclude the trial of the election petition as expeditiously as possible and in any event not later than three 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. 4. The writ petition stands disposed of.