KAMLA Vs. ACJ SD NO 2 JODHPUR

JUDGEMENT

(1.) The present petitioner is facing the election petition submitted by respondent No.2 in relation to Panchayat Elections held on 04.02.2005. It appears that in view of the delay having already been caused in the trial of the election petition; several adjournments having been taken; several frivolous applications having been filed; and yet the petitioner having not proceeded with the crossexamination of the witnesses who had repeatedly attended the proceedings, the learned trial court on 04.05.2006 did not feel inclined to grant further adjournment at the request of counsel for the petitioner and, therefore, closed the right of cross-examination.

(2.) Learned counsel Mr.Bharat Devasi has put in appearance in caveat for the contesting respondent No.2 . Having regard to the circumstances of the case and other respondents being proforma party for the subject matter of this petition, their service is dispensed with.

(3.) Heard learned counsel. Mr.Bharat Devasi learned counsel appearing for the election petitioner (respondent No.2) submits that though the conduct of the petitioner has not been fair and unnecessarily the trial has been delayed, however, having regard to the circumstances of the case and in the interest of justice, the election petitioner does not wish to contest the prayer of the petitioner to cross-examine the witnesses in case the petitioner makes payment of reasonable costs and proceeds with the cross-examination on the next date to be fixed by the trial court.