Nav Prabhat vs Munna Chauhan & Ors

Lok Pal Singh, J.

Arguments were heard on Civil Misc. Application No.14959 of 2017. Instant application has been filed by the respondent under Order 7 Rule 11 of

C.P.C. with the following relief:

“It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow this application and the election petition

may be dismissed under Order VII Rule 11 of the Code of Civil Procedure, 1908 as the election petition does not disclose any cause of action and has

been filed without complying with the relevant provisions of Representation of Peoples Act, 1951 and the rules made thereunder as well as the

provisions of Allahabad High Court Rules, 1952, or to pass any other order which this Hon’ble Court may deem fit and proper under the facts and

circumstances of the case otherwise the applicant would suffer irreparable loss.â€​

This Court, by order dated 27.04.2017, allowed the civil misc. application No. 4236 of 2017 filed by the respondent, for making amendment in the

election petition but the amendment was not carried out by the election petitioner. Subsequently, another miscellaneous application being CLMA

no.10273 of 2018 was moved by the election petitioner to permit him to place on record the correct copy of the amended writ petition.

The amendment ought to be carried out within 14 days of allowing the amendment application but the same was not done by the election petitioner. In

view of this Court, though the said application has been filed at a belated stage, but as the amendment application has already been allowed by this

Court, in the interest of justice, an opportunity should be given to the election petitioner to carry out the necessary amendment. In such view of the

matter, CLMA No.10273 of 2018 will stand allowed subject to payment of costs of Rs.50,000/-.

Another miscellaneous application being IA No.5433 of 2017 has been moved on behalf of the election petitioner whereby a prayer has been made to

accept the list of documents and to treat the same as part of record.

The documents must be filed at the first instance i.e. at the time of filing the election petition. There is laches and laxity on the part of the election

petitioner in not filing the documentary evidence at the time of presentation of the election petitioner. However, as the issues have not been framed

yet, it would not be appropriate to reject the application. Therefore, in the interest of justice, IA No.5433 of 2017 will stand allowed, subject to

payment of costs of Rs.50,000/-.

Cost as directed above, shall be deposited by the election petitioner with the Uttarakhand State Legal Services Authority, Nainital within 15 days from

today.

In the light of aforesaid, list this case after 15 days for hearing on Civil Misc. Application No. 14959 of 2018.

Registry is directed not to publish the name of Mr. Shobhit Saharia, Advocate in the cause list as Election Commission of India is no more a party in

the instant petitions.