Rajasthan High CourtKrishan Kumar vs Kum. Stepee Chaudhary & ... on 18 February, 2016Author:Alok SharmaBench:Alok SharmaIN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.976/2016
Krishan Kumar-Petitioner
Versus
Kum. Stepee Chaudhary & Ors.-Respondents
Date of Order-::-18th February 2016
HON'BLE MR. JUSTICE ALOK SHARMA
Mr Raj Kamal Gaur, for petitioner.	
	
ORDER
By the Court:-The only prayer of the petitioner is that the Additional Civil Judge (S.D.), Dholpur (hereinafter the trial court) be directed to conclude the trial of the election petition No.10/15(48/15) as expeditiously as possible. Counsel for the petitioner has relied upon the decision of the Supreme Court in case ofKailash 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 returned candidate has been served and reply to the election petition has been filed, and issues have been framed, yet the election petition is not being proceeded. And there is no obstruction to expediting the trial in election petition filed under the provisions of Rajasthan Panchyati Raj (election) Rules, 1994.In view of judgment of Apex Court in the case ofKailash(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.R.Vaishnav62."All corrections made in the judgment/order have been incorporated in the judgment/order being emailed." Ramesh Vaishnav Personal Assistant