SURENDRA SINGH BHOI Vs. TUKUNI SAHU

JUDGEMENT

(1.) This is an application filed by the sole-respondent for condonation of delay of two days in filing written statement.

(2.) The respondent in filing this application submitted that by order dated 30.10.2014 two weeks time was granted as a last chance to the respondent to file the written statement and the Election petition was posted to 14.11.2014. The respondent submitted that even though the written statement was prepared in time but for unavoidable circumstance the respondent signed, verified and sworn the same on 14.11.2014 for which the written statement could not filed within time stipulated by this Court. The respondent further pleaded that delay caused for filing of written statement is bona fide could not intentional but due to unavoidable circumstances at the end of the respondent. In the above premises the respondent claimed for condonation of two days delay in filing the written statement and for acceptance of the written statement already submitted in Court.

(3.) Per contra, the Election petitioner filed an objection to the aforesaid application indicating therein that in spite of repeated direction, the written statement was not filed in time. However, on consideration of request of the respondent, by order dated 30.10.2014 this Court was pleased to grant two weeks time to the respondent for filing of written statement, fixing the election petition to 14.10.2014. The Election petitioner further contended that the trial of the election petition is a time bound process. Following Sec. 86 (6) of the Representation of the People Act, 1951, trial of election petition shall so far as practicable consistently with the interest of justice be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded thereon. Following Sec. 86(7) of the said Act, provision has been made for concluding the election petition as expeditiously as possible so as to be concluded within six months from the date of which the election petition is presented to the High Court for trial. Election petitioner further contended that in spite of grant of time to the respondent to file the written statement awarding a cost of Rs.10,000.00, the respondent could not became fairful and in the above premises, the election petitioner objected the petition for condonation of delay in filing the written statement.