Dr. Govind Singh vs Mr. Jyotiraditya M. Scindia
2023 Latest Caselaw 12271 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 EP No. 2 of 2020
              (DR. GOVIND SINGH Vs MR. JYOTIRADITYA M. SCINDIA AND OTHERS)

Dated : 01-08-2023
      Shri Kuber Boddh and Shri Manas Dubey- learned counsel for election

petitioner.
      Shri     Naman Nagrath- learned Senior Counsel with Shri Soumya
Pawaiya- learned counsel for respondent No.1.

Shri Sanjay Shukla- learned counsel for respondent No.3. IA No.4172 of 2023, an application under Section 151 CPC read with

Section 152 of CPC has been filed on behalf of election petitioner for clarification of order dated 27-07-2023 passed by this Court.

It is submitted by Shri Boddh that he has challenged dismissal of IA No. 3718 of 2023 by this Court vide order dated 13-07-2023 before the Hon'ble Apex Court, but vide order dated 27-07-2023, while allowing IA No.4082 of 2023 seeking time, it has been observed that election petitioner has challenged whole order dated 13-07-2023 and prayed for aforesaid clarification.

On perusal of IA No. 4082 of 2023, it is clear that in the second paragraph the election petitioner has mentioned that this Court has dismissed

his IA No. 3718 of 2023 for pronouncement of judgment on all the issues.Thereafter, in third paragraph he has mentioned that he has challenged the above order dated 13.07.2023 before the Hon'ble Supreme Court. Therefore, it is clarified that as mentioned by election petitioner in IA No.4082 of 2023, he has only challenged dismissal of IA No. 3718 of 2023 before the Hon'ble Apex Court. Accordingly, IA No. 4172 of 2023 stands disposed of.

Petitioner has filed IA No. 4168 of 2023 an application under Section

151 of CPC seeking recuse from hearing the election petition and IA No. 4200 of 2023, an application under Section 114 CPC read with Order XL VII Rule 1 CPC, read with Section 151 CPC for review of the order dated 13-07-2023 passed by this Court in regard to IA No. 3718 of 2023.

Learned Senior Counsel appearing for respondent no.1 seeks time to file reply to aforesaid IAs as well as for arguments.

Time granted.

List on 11th August, 2023.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

MAHENDRA BARIK 2023.08.01 18:55:57 +05'30'