GURMESH BISHNOI Vs. BHAJAN LAL

JUDGEMENT

(1.) Shri Gurmesh Bishoni presented this election petition challenging the election of shri Bhajan Lal to the Haryana Vidhan Sabha from Adampur Assembly constitutency and prayed that his election be declared void and he be disqualified from seeking election for a period of six years in accordance with law on the grounds of corrupt practices of booth capturing etc. The election petition was seriously contested by the parties to the petition.

(2.) Vide order dated 18-11-1996 the Court framed as many as seven issues and directed Issue No.1 to be treated as preliminary issue. The preliminary issue was answered by the court vide order dated 22-8-1997 and parties were directed to file the list of witnesses and summon the witnesses for the date fixed. As many as 20 witnesses were examined by the petitioner in addition to production of voluminous record while the respondents examined 12 witnesses. The case was then fixed for arguments.

(3.) On 24-7-2000, learned counsel for the petitioner in the presence of the petitioner stated that he wishes to withdraw from the case and prayed for an adjournment. As the petitioner had no objection, the counsel was permitted to withdraw from the petition and adjournment prayed for was granted. the case was fixed by the registry on 12-9-2000 on which date the petitioner was not present nor any counsel appeared on his behalf. In the interest of justice, the court directed the registry to inform the petitioner of the next date of hearing. On 28-11-2000 none appeared on behalf of the petitioner despite the fact that the case was called out twice. However, an application was filed by one Shri Kurda Ram on 25-11-2000, which was also listed before the Court on that date. In this application Shri Kurda Ram prayed for his impleadment/ substitution as "petitioner" in the present petition.