Sahadev Xaxa vs Jogesh Kumar Singh and Ors.

Anil R.Dave,J.—Civil Appeals arising out of SLP(C)Nos.19936-19937/2016

Mr. Ashok Panigrahi, learned counsel appears on behalf of respondent No.1, who is a returned candidate, on caveat. Service of notice is waived by him on behalf of respondent No.1.

For the purpose of disposal of these appeals, it is not necessary to have presence of other respondents hence they are deleted, at the risk and responsibility of the appellant.

Heard the learned counsel.

Leave granted.

Upon hearing the learned counsel and upon perusal of the impugned order, in the peculiar facts of these cases, we are of the view that the High Court should have finally decided Miscellaneous Case Nos.26 and 27 of 2016 arising out of Election Petition Nos.20 and 17 of 2014 as these applications have been filed under Order 7 Rule 11 of the Civil Procedure Code, 1908. In our opinion taking decision in the said applications ought not to have been postponed till the disposal of the Election Petitions.

In the circumstances, the impugned order dated 22nd June, 2016 passed in Miscellaneous Case Nos. 26 and 27 of 2016 in Election Petition Nos.20 and 17 of 2014 is set aside with a direction that the said applications shall be decided as soon as possible and preferably within two weeks from the date of receipt of a copy of this order by the High court. Needless to say that after the disposal of Miscellaneous Applications filed under Order 7 Rule 11 of the Civil Procedure Code, 1908 the Election Petitions shall also be decided as soon as possible and within six months from the date of disposal of the above stated Miscellaneous Applications.

Civil Appeal arising out of SLP(C)No.23226 of 2016

Mr. Sanjeeb Panigrahi, learned counsel appears on behalf of respondent No.1, who is Election Petitioner, on caveat. Service of notice is waived by him on behalf of respondent No.1.

For the purpose of disposal of this appeal, it is not necessary to have presence of other respondents hence they are deleted, at the risk and responsibility of the appellant.

Heard the learned counsel.

Leave granted.

Upon hearing the learned counsel and upon perusal of the impugned order, in the peculiar facts of the case, we are of the view that the High Court should have finally decided Miscellaneous Case No.29 of 2016 arising out of Election Petition No.17 of 2014 as the application has been filed under Order 7 Rule 11 of the Civil Procedure Code, 1908. In our opinion taking decision in the said application ought not to have been postponed till the disposal of the Election Petition.

In the circumstances, the impugned order dated 12th July, 2016 passed in Miscellaneous Case No. 29 of 2016 in Election Petition No.17 of 2014 is set aside with a direction that the said application shall be decided as soon as possible and preferably within two weeks from the date of receipt of a copy of this order by the High court. Needless to say that after the disposal of Miscellaneous Application filed under Order 7 Rule 11 of the Civil Procedure Code, 1908 the Election Petition shall also be decided as soon as possible and within six months from the date of disposal of the above stated Miscellaneous Application.

In view of the above, the civil appeals stand disposed of as allowed with no order as to costs.