BHAVANI SHANKAR SHARMA Vs. KESHRI SINGH CHOUHAN

JUDGEMENT

(1.) Petitioner was elected as Member of Jila Panchayat Hoshangabad. Respondent No.1 filed an election petition under Section 122 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. During the trial, chief examination of the election petitioner was recorded in the Court of Additional Commissioner, Hoshangabad/Bhopal on 20.4.2007. Time for cross examination was sought on behalf of respondent No. 1. Learned Additional Commissioner fixed the case for 4.5.2007 and directed both the parties to remain present for cross examination on the next date i.e. 4th May, 2007. Presence of other witnesses was also directed.

(2.) Case of the petitioner is that he on 20.4.2007 submitted an application under Order 6 Rule 17 C.P.C. Learned Additional Commissioner entertaining the election petition did not pass any order on the said application on 20.4.2007. Aggrieved by it, petitioner preferred W.P. No.5607/2007 before this Court wherein this Court on 16.5.2007 directed the Prescribed Authority to decide the petitioner's application under Order 6 Rule 17 C.P.C. and thereafter to proceed with the matter. Copy of this order is on record as Annexure/P-1. Petitioner further alleged that later on he came to know that his application under Order 6 rule 17 C.P.C. was rejected on 20.4.2007. He obtained certified copy of the order wherein it was mentioned that the rejection of the application under Order 6 Rule 17 C.P.C. was made on 20.4.2007.

(3.) Aforesaid was the gist of submissions of petitioner's learned counsel on 27.6.2007 when the case was listed on admission. This Court took it seriously which rs evident from the following part extracted from the ordersheet of that day :-