KAVITHA MAHESH Vs. CHIEF ELECTION COMMISSINER

JUDGEMENT

(1.) THREE applications have been filed on behalf of the respondent in Misc. Civil No. 13993 of 2011, under Section 151, CPC r/ w Rule 94 of the Conduct of Election Rules, 1961 [for short, the Rules]; Misc. Civil No. 13994 of 2011, under Order XVI, Rule 6 r/w Section 151, CPC r/w Rule 94 of the Rules and Misc. Civil No. 13994 of 2011 under Order XVIII, Rule 17 r/w Section 151, CPC.

(2.) ALL applications are supported by affidavits sworn to by Sri Nandiesha Reddy, respondent in this election petition.

(3.) THE present election petition is only three years old as of now and from the date of declaration of results on 25-5-2008, a period of three years having elapsed, a direction as sought for, in my considered opinion, is redundant at this stage, as it is even otherwise mandatory for the officer in-charge of the particular record to retain it for a minimum period of five years and it is the earnest impression that this election petition should be disposed of within the period of five years from the date of declaration of results for retention of documents or records, particularly having regard to the provisions of Section 86(7) of the Representation of People Act, 1951, reading as under: 86. Trial of election petitions:- xxx (7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial.