SOHAN CHOUDHARI Vs. R.D. DOONGAJI

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution for a writ of certiorari to quash two orders dated 10 December 1938 and 12 December 1958 passed by the respondent No. 1 on an election petition under the City of Jabalpur Corporation Act, 1948 (III of 1950) or for a writ of mandamus directing the respondent No. 1 to proceed afresh with the trial of the election petition from the stage of evidence.

(2.) THE petitioner was a candidate for election as a member of the Corporation of the City of Jabalpur from Ward No. 27 (South Civil Lines). The other two candidates were the respondents 2 and 3. Since the respondent No. 3 subsequently withdrew his nomination paper, the contest was only between the petitioner and the respondent No. 2, who in due course won by 152 votes and was accordingly declared elected.

(3.) IN usual course, the election -petition was fixed for trial on 1 March 1958, when, since the respondent No. 1 was busy with a sessions trial, it was adjourned to 7 April 1958 On this date, the respondent No. 1 was on casual leave and the trial was in consequence adjourned to 2 July 1958. Only the petitioner could be examined on 2 July 1958 and the trial was adjourned to 7 July 1958 when, since the respondent No. 1 was on casual leave, it was adjourned to 10 July 1958. On the last -mentioned date, the trial was adjourned once again because the petitioner wanted to move the District Judge for transfer of the case on the ground that there were repeated adjournments which caused to him much unnecessary expense. The petitioner did not eventually file an application for transfer. Even so, the date fixed for trial, 17 September 1958, had to be changed to 3 October 1958 when the Judge was on tour with the consequence that it was adjourned to 13 November 1958, a date which had again to be changed to 10 December 1958.