Himachal Pradesh High Court
Decided On: 27.05.2025 vs The H.P. State Election Commission And ... on 27 May, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2025:HHC:16303
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1684 of 2019
Decided on: 27.05.2025
Sh. Jai Prakash ... Petitioner
Versus
The H.P. State Election Commission and others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
_____________________________________________________
For the petitioner : None.
For the respondents : Mr. Pushpender Jaswal, Addl. AG for
respondents-State.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has primarily
prayed for the following reliefs:-
a) That the Writ of Prohibition may kindly be issued
prohibiting/restricting the Respondent No. 3 to decide the
election petition No. 03/2016 fresh as per the order of the
Respondent No 2 dated 03-01-2019 in an appeal filed by the
petitioner against the impugned order dated 26-05-2017
passed by the the Respondent No -3 in the supra mentioned
election petition as there had been prima facie error apparent
on the face of record as the Respondent No.2 while disposing
of the appeal took almost two years to decide the appeal from
the date of the institution of the appeal and the Respondent
Whether reporters of the local papers may be allowed to see the judgment?
2025:HHC:16303
No. 3 took more than one year in deciding the election petition
of the petitioner No 03 of 2016 titled as Jai Prakash and
Others versus Assistant Returning Officer etc. from the date
of the institution of the election petition and as their had been
lack of procedural fairness to be adopted by both Respondent
No 2 and Respondent No.3.
b). That the Writ of Certiorari may kindly be issued to quash
FILE and aside, Annexure P-3, an order dated 03-01-2019
passed by the Respondent No.2 to an extent of giving a
direction that JUL, 2019 2 the Election petition No.03 of 2016
titled as Jai Prakash versus Returning Officer etc Reader to
ke be decided by respondent No.3 as Respondent No -3 had
acted in a flagrant disregard of law and the rules of the
procedure and also in violation of the principles of natural
justice and thereby occasioning the failure of justice while
initially deciding the Election Petition No.03 of 2016 in a
cryptic way as per the order dated 26-05-2017 and as there
had been no time bound direction to decide the election
petition No. 03 of 2016 in a impugned order dated 03-01-
2019.
c) That the writ of mandamus may kindly be issued directing
the Respondent No.2 to transfer the Election Petition 03 of
2016 titled as Jai Prakash versus Assistant Returning Officer
etc to Respondent No 4 from Respondent No.3 authorizing
2025:HHC:16303
him to do the final adjudication and to take a final decision in
a time bound manner in the interest of equity, justice and fair
play in the supra mentioned election petition."
2. When this case was listed before the Court on
27.08.2019, the following order was passed:-
"Counsel for the petitioner is absent.
Post on 03.09.2019."
3. Thereafter, on 03.09.2019, none appeared for the
petitioner. Today also, despite repeated calls, none has put in
appearance on behalf of the petitioner. Accordingly, this writ petition
is dismissed in default.
4. At this stage, learned Additional Advocate General
submits that in light of the prayer made in the writ petition, the
petition has otherwise become infructuous.
5. Be that as it may, this writ petition is dismissed in
default. Pending miscellaneous applications, if any, also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge
May 27, 2025
(narender)
