High CourtsSingle Bench

Madhu Singh vs Bidesh Singh

Jharkhand High Court · Decided on 25 September 2012 · Citation: (2012) 09 JH CK 0141

HON’BLE JUDGES
Narendra Nath Tiwari, J
RESULT
Allowed
CASE NUMBER
Election Petition No. 3 of 2010
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Judgment

12 paragraphs · 386 words

Narendra Nath Tiwari

1.

The Returning Officer, 75, Panki Assembly Constituency, Palamau at Daltonganj - Kamal Kishore Ravi is present in the Court in person. He has also filed his reply to the show cause issued to him. By order dated 10.5.2012, this Court had directed the Returning Officer to send all the original documents mentioned in I.A. No. 210/2012, but in response to the said order, he had sent the xerox copies of the documents. This Court had issued show cause notice to the said officer for non-compliance of the order of this Court in its letter and spirit.

2.

In reply to the show cause, the said officer has stated that he was misled by the officials. Actually, the dispatch section had to send the original documents, as directed by this Court. Though the forwarding letter was got signed by him, the original documents were not sent by the dispatch section. He had never intended to disobey the order of this Court and due to mis-conception, the xerox copies of the documents were earlier sent to the Court. However, as soon as he came to know about the said order, he had submitted the original documents, as directed by this Court. He has tendered unqualified apology for the inconvenience caused to this Court. He has also realized the same and has undertaken before this Court that in future, he shall be very particular in dealing with the Court''s order and in compliance thereof. He has also begged apology for the same.

3.

Considering the explanation given by the said officer and also that he has realized the laches and has tendered unqualified apology for the same, the explanation filed by him is accepted.

4.

Personal appearance of the said officer is dispensed with.

Later on

5.

Learned counsel for the petitioner submitted that now the original documents have been submitted by the Returning Officer and he shall go through the same and shall take appropriate steps. For that purpose he prays for some time.

6.

Learned counsel for the respondent has no objection.

7.

In view of the above, the petitioner''s prayer is allowed.

8.

Put up this case on 4.10.2012.

I.A. No. 2689/2012

9.

Learned counsel for the petitioner prays for one week''s time to file reply to this application. Prayer is allowed.