RADHEY SHYAM VAISHNAV Vs. SITA RAM

JUDGEMENT

(1.) It has been submitted by the petitioner-Election Petitioner (hereinafter `the EP') that the election petition No.55/2016 (180/2015), titled Radhey Shyam v. Sita Ram Sahu was filed against the respondent-returned candidate (hereinafter `the RC') on 9-9- 2015 impugning his election to the post of Sabhapati of the Municipal Corporation Kishangarh. Summons have been served on the RC. Thereafter the election petition has however been stalled by the RC to his advantage by seeking adjournments which are granted on the mere asking and/ or by moving frivolous applications which remain unaddressed for long period of time. It has been submitted that if the election petition were to so proceed at a leisurely pace and the RC allowed to enjoy five year term, it would be a travesty of justice and remedy of election for the EP a mere chimera and a blot on the administration of justice.

(2.) Counsel submits that it was incumbent on the Additional District Judge Kishangarh to fast track the trial in the election petition looking to its nature, so to say perishable in a sense and dispose it of expeditiously as delay would be most unjust in the event the RC's election being set aside and yet he in the meantime having enjoyed the fruits to a post for which he is found to have been illegally elected.

(3.) The Hon'ble Apex Court in the case of Kailash v. Nanhku [(2005)4 SCC 480] while dealing with trial in election petition held as under:-