P NALLA THAMPY THERA Vs. B L SHANKER

JUDGEMENT

(1.) This appeal by special leave is directed against the order dated June 23, 1981 passed by the Karnataka High Court in Miscellaneous Petition No. 1/81 arising out of Election Petition No. 76 of 1979.

(2.) On November 5, 1978, polling took place for electing a member to the Lok Sabha from No. 20 Chikmaglur Constituency and the result of the election was declared on November 8, 1978. Respondent No. 2 was declared elected. In all 28 candidates had participated in the election. One of the contenders for the seat filed Election Petition No. 76 of 1978 before the Karnataka High Court on December 20, 1978 impleading the returned candidate as also all other contesting candidates and three outsiders asking for setting aside the election of respondent 2 under Section 100 (1) (b) of the Representation of the People Act, 1951 ('Act' for short), declaring Shri Virendra Patil, respondent 5 of the election petition, as the duly elected candidate from the constituency and for an order declaring respondents 2, 3 and 4 of the election petition to have been guilty of corrupt practices within the meaning of Section 123 of the Act. In view of the reliefs claimed it became necessary to implead all the contesting candidates as required under Section 82 of the Act. On March 26, 1979, respondent 29 of the election petition filed his written statement as also a petition of recrimination within the meaning of Section 97 of the Act as against respondent 5 whom the election petitioner wanted to be declared as the duly elected candidate. On October 4, 1979 the present appellant who was respondent 19 in the election petition filed his written statement. The election petitioner who is respondent 1 in the appeal applied to the Court for deleting the prayer in regard to the declaration of Shri Virendra Patil as the returned candidate. On November 16, 1979, the Court allowed the application and prayer (c) of the election petition under which the declaration of Shri Virendra Patil as the returned candidate was asked for was deleted. The order of the High Court shows that there was no opposition to the request for deletion. On November 23, 1979, a memorandum was filed for the deletion of respondents 5 to 31. On July 23, 1980, on his own prayer respondent 2 of the election petition was deleted. Simultaneously the names of the two other outsiders to the election petition being respondents 3 and 4 of the election petition were also deleted. Respondent 29 filed a memorandum on August 1, 1980 for withdrawal' of the prayer for recrimination as against Shri Virendra Patil. This was a necessary sequel of the deletion of prayer (c) of the election petition. On September 12, 1980 the High Court directed that names of respondents 5 to 31 excepting respondents 13 and 19 to the election petition would stand dropped. Thus, in all three respondents were left in the election petition being original respondents 1, 13 and 19. On September 30, 1980 the Court directed withdrawal of the recrimination petition as against Shri Virendra Patil by allowing the memorandum dated August 1, 1980. The present appellant had objected to the request for withdrawal of the recriminatory petition. Separate orders, viz., the order dated. November 16, 1979 allowing deletion of prayer (c) of the election petition, the order dated September 12, 1980 deleting all the respondents excepting respondents 1, 13 and 19 of the election petition from the record, and the order dated September 30, 1980, permitting withdrawal of the recrimination petition, were all allowed to become final in the absence of any challenge.

(3.) On November 23, 1980 written statement was filed on behalf of original respondent 1, and issues were settled on January 5, 1981. The Court indicated a trial schedule by requiring the documents to be filed on February 16, 1981 and recording of evidence was also directed to begin from that date and the trial was to proceed day to day. On February 16, 1981, the election petitioner, wanted adjournment. The High Court was justified in giving only one adjournment as a last chance and fixing the trial on March 9, 1981, in view of the statutory mandate that an election petition shall be disposed of as far as practicable within six months from the date of presentation of the election petition as required by Section 86 (7) of the Act. On March 9, 1981, the election petitioner, again asked for adjournment. The High Court declined the prayer for adjournment and said: