Surendra Gope vs The State of Jharkhand

In this case, detail order was passed on 02.11.2017 and the matter was directed to be listed for today.

It appears that a fresh I.A. bearing I.A. No. 9485 of 2017 under Section 151 of the C.P.C. has been filed on behalf of the sole respondent on 05.12.2017, copy of the same has been served to the learned counsel for the petitioner, stating that:-

That the present application is on behalf of the sole Respondent in this case for adjournment of the case on the ground of pendency of the S.L.P., before Hon''ble Supreme Court against the order dated 04.08.2017 passed in this Election Petition.

That by Order dated 11.08.2017 the case was adjourned to enable this Respondent to move before Hon''ble Supreme Court against the Order dated 04.08.2017 passed in the case, whereby maintainability of the Election Petition under provisions of Order-VII, Rule-II was decided.

That after obtaining the certified copy of the Order dated 04.08.2017 and some documents of the case this Respondent filed S.L.P. before Hon''ble Supreme Court on 07.09.2017 having Diary No. - 29512 of 2017.

This Respondent has already enclosed the certificate of the Advocate - on - Record of this Respondent filing of the S.L.P. before Hon''ble Supreme Court as Annexure-B to I.A. No. 7582 of 2017.

That the counsel of this Respondent before Hon''ble Supreme Court has directed this Respondent to obtain certified copies of some more documents of this case.

That this Respondent of after obtaining copies of required documents has already handed over them to his counsel before Hon''ble Supreme Court, who has already submitted them before Hon''ble Supreme Court.

That the Respondent humbly states and submits that the Respondent has instructed his counsel to take all steps for ensuring early hearing of the said special leave petition and the counsel of the Respondent is also taking his best efforts to ensure early listing of the said Special Leave Petition.

That the counsel of this Respondent informed this Respondent vide the letter dated 01.12.2017 that as and when the matter would be listed for hearing this Respondent would be informed.

That the Respondent, therefore is filing the instant Interlocutory Application seeking grant of further time of two / three weeks in order to enable this Respondent to obtain order from the Hon''ble Supreme Court of India in the aforesaid Special Leave Petition.

That, the Respondent humbly states and submits that if the instant interlocutory application is not allowed the same will cause irreparable loss and injury to the Respondent, as the matter before Hon''ble Supreme Court is about maintainability of this election petition. Heard learned counsel for the respondent and learned counsel for the petitioner.

Learned counsel for the respondent while referring on para-5 & 8 of the I.A. No. 9485 of 2017 has submitted that inspite of making efforts to his level best, the S.L.P. has not been listed before the Hon''ble Supreme Court till date.

Learned counsel for the petitioner opposed the I.A. No. 9485 of 2017 and submitted that I.A. No. 3853 of 2017 was heard and reserved on 28.07.2017 and order was pronounced on 04.08.2017, dismissing the I.A. and the matter was directed to be listed on 11.08.2017, as the respondent had proposed to file S.L.P. before the Hon''ble Supreme Court against the order dated 04.08.2017 passed in I.A. No. 3853 of 2017.

Despite several adjournments given on 14.09.2017, 02.11.2017 and today respondent has not produced the copy of the proposed S.L.P., nor given any information with regard to listing of the SLP before the Hon''ble Supreme Court and there is no stay, so it may proceed further.

Be that as it may, in view of the submissions, I do not find any merit in I.A. No. 9485 of 2017. Accordingly, I.A. No. 9485 of 2017 is hereby dismissed.

List this case for evidence on 04.01.2018.