THE HON'BLE SRI JUSTICE M.LAXMAN
CRP.No.2128 of 2022
JUDGMENT:
1. The present Civil Revision Petition has been directed to challenge the proceedings of the Court below in not disposing of the Election Petition in Election O.P.No.01 of 2020 as early as possible in the light of the issue involved.
2. The present revision has been filed by the revision petitioner, who raised the election dispute in respect of election of Z.P.T.C member for the election year 2019-2024.
3. The main grievance of the learned counsel for the revision petitioner is that in spite of three (03) years from the date of petition, no progress has been shown by the Election Tribunal for early disposal of the petition. According to him, if the phase in which the proceedings are conducted as of now is continued, by the time of expiry of the period of election, there is a chance of disposal petition. Therefore, he seeks direction to the Court below to dispose of the Election Petition within the time frame as fixed Court.
4. The Election Tribunal is created by virtue of rules framed under G.O.Ms.No.4 dated 29.01.2019. As per the rule 2 of the 2 said GO, the learned Senior Civil Judge is the Election Tribunal in respect of election dispute pertaining to Mandal Praja Parishad or Zilla praja parishad. Rule 7 mandates the Election Tribunal to dispose of the petition as early as may be in accordance with Civil Procedure Code for trial of suit.
5. The present Election Petition has been filed in respect of Z.P.T.C member, who was elected for the term 2019 to 2024 and already three (03) years have been completed out of the election period. If the Election Petition is not disposed of as early as possible, the Election Petition becomes infructuous by afflux of time. Therefore, this Court feels that the proceedings have to be expedited.
6. In the result, this Civil Revision Petition is disposed of, directing the Election Tribunal to dispose of Election Petition within a period of six (06) months from the date of receipt of a copy of this order. No costs.
7. As a sequel, miscellaneous petitions if any shall stand closed.
______________________ JUSTICE M.LAXMAN 26.10.2022 Dua/Gms 3 THE HON'BLE SRI JUSTICE M.LAXMAN CRP.No.2128 of 2022 26.10.2022 Dua/Gms