Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951: s.86(7) - Election petition - Delay in disposal of election petition - Role of Election Tribunal - Respondent-elected candidate filed written statement two years after the main election petition - Adjournment was sought by respondent from time to time - Appeal by election petitioner challenging the manner in which the trial was conducted an__d the dilatory tactics adopted by the respondent to delay the hearing of the election petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Representation of the People Act, 1951: s.86(7) -Election petition - Delay in disposal of election petition -Role of Election Tribunal - Respondent-elected candidatefiled written statement two years after the main electionpetition - Adjournment was sought by respondent fromtime to time - Appeal by election petitioner challengingthe manner in which the trial was conducted and the dilatorytactics adopted by the respondent to delay the hearing ofthe election petition - Held: An election petition has to bedecided in quite promptitude as there is an obligation castupon the Court to dispose of the same within a period ofsix months·- As per s. 86(7) of the Act, the Court has toendeavour to dispose of an election petition asexpeditiously as possible and not to allow the parties totake resort to unnecessary adjournments or file vexatiousapplications - In the case at hand, the elected candidatehas been taking time at his own pleasure and leisure andfiling applications as he desired giving vent to his whimand fancy and the Court has granted adjournment in anextremely liberal manner - This kind of attitude has to becurbed from all angles because law does not countenanceit |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 726 |
Petitioner | Pukhrem Sharatchandra Singh |
Respondent | Mairembam Prithviraj@ Prithibiraj Singh |
SCR | [2015] 10 S.C.R. 591 |
Judgement Date | 2015-10-01 |
Case Number | 8063 |
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