Lekhram Sahu vs Saroj Pandey
2022 Latest Caselaw 4666 Chatt

                             HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                           EP No. 1 of 2018

                            Lekhram Sahu -Versus- Saroj Pandey and Ors.




21.07.2022         Shri Sudeep Shrivastava along with Shri Himanshu Kumar Sharma,

             counsel for the petitioner.

                   Shri Abhishek Vaishnav, and Shri Avinash Chand Sahu, Counsel for

             Respondent No. 1.

Shri Sanjay Patel, Counsel for Respondents No. 2 & 3.

Shri Lekhram Sahu, present in person.

Heard on I.A. No. 14, which has been filed on behalf of Election

Commission of India seeking a direction from this Court for deleting the

name of Election Commission of India from the array of parties in the present

Election Petition.

Counsel for the Respondents No. 2 & 3 relies upon judgments of the

Hon'ble Supreme Court in the cases of Jyoti Basu vs. Debi Ghosal, (1982)

1 SCC 691, B. Sundara Rami Reddy vs. Election Commission of India &

Ors. 1991 suppl 2 SCC 624 and Michael B. Fernandes Vs. C.K. Laffer

Sharief and Ors. 2002 3 SCC 521.

Perusal of the proceedings drawn by this Court would reveal that this

Court had only issued notice to the Respondent No. 1 and notices have not

been issued to any other respondents. Once when notices have not been issued to any of the other respondents which includes the Election

Commission of India, there was no occasion for the Election Commission to

have filed the instant I.A. No. 14 seeking for deleting their names from the

array of parties in the present Election Petition.

In view of same, I.A. No. 14 as of now stands disposed of.

The cross-examination of PW-1 continuing.

Let this matter be listed for further evidence on 28.07.2022.

Sd/-

(P. Sam Koshy) JUDGE

J.