RAM SAROOP Vs. ELECTION COMMISSIONER

JUDGEMENT

(1.) THIS petition has been made by respondent No. 3 (of the election petition) under the provisions of 0.47 R 1 & 2 read with section 151. CPC, and the relief sought is review of the order passed on June 26, 1998 by this court. This relief is sought on the following grounds: -

(2.) THE counsel for the petitioner (of election petition who has been impleaded as respondent No. 3 herein) has filed objections to this petition. The preliminary objection regarding the maintainability of this petition has been raised at the first instance. It is pleaded that the remedy of review is statutory one and not provided under the provisions of the J&K Representation of Peoples Act (hereinafter to be referred to as the Act). The provisions of the Code of Civil Procedure have been made applicable for the trial of the election petition for the regulation of the proceedings and they do not create any substantive right in favour of respondent No. 3. The controversy in an election petition is not a lis as contemplated under the common law as well as it does not relate to any enforcement or violation of civil rights of the contesting parties.

(3.) ON facts, it is pleaded that the review petition has been made only with the sole purpose of prolonging the proceedings of the election petition. The order in question does not suffer from any illegality either of fact or of law. The counsel of respondent No. 3 (Mr. V. R. Wazir) had consciously made the statement in the court on 6 -10 -1997 wherein he had admitted that his client would not place on record any document which was in his possession or power.