Gopagoni Saraiah vs The District Election Officer
2022 Latest Caselaw 5341 Tel

               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

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

THE HON'BLE SRI JUSTICE M.LAXMAN

CRP.No.2128 of 2022

26.10.2022 Dua/Gms