Shiv Kumar Yadav vs State Of Bihar Through And Ors

Heard learned counsel for the petitioner and learned AC to AAG 6 for the State.

The petitioner has moved the Court inter alia for a direction to the Munsif, Dhamdaha in the District of Purnea to dispose off Election Petition No. 05 of 2016, which is pending since 23.06.2016.

Learned counsel for the petitioner submitted that the very purpose of such provision is defeated, if such application is kept pending, which in the present case, is for more than 3 years, as the term of the body itself would expire within a few years.

Having regard to the aforesaid, in view of the nature of order which the Court proposes to pass, it is not deemed necessary to issue notice to the private respondents.

Accordingly, the application stands disposed off with a direction to the concerned Munsif, Dhamdaha in the District of Purnea to dispose off Election Petition No. 05 of 2016, if still pending before him, expeditiously and in any case within a maximum period of four months from the date of production of a copy of this order before him.

The Court would only observe that the concerned Munsif shall ensure that the time limit fixed by this Court is not frustrated on the ground of dilatory tactics by the opposite parties and it would be incumbent upon him to apply his mind with regard to relevancy and requirement of pleas taken by the parties, especially relating to examination of witnesses.