Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2845 of 2019 Petitioner :- Lal Kant Respondent :- Avinash Singh Counsel for Petitioner :- Arvind Kumar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the impugned order dated 4.4.2018 passed by the Additional District Judge, Etah in Election Petition No. 1 of 2016.
By the impugned order the application filed by the petitioner for summoning two government officers as witness has been rejected holding that they are being sought to be called for along with the record of oath ceremony. It has been observed that all such relevant documents can be produced and their personal appearance is not required.
The petition has been filed with laches of 281 days and the explanation given is that the petitioner has handed over the documents to his counsel in June 2018 and unfortunately he passed away and he came to know his death in February 2019. Clearly, the petitioner was not vigilant about filing of his case for a period of about nine months.
On merits also the petitioner is at liberty to file documents regarding oath ceremony hence prejudice is caused to the petitioner. The Court is always at liberty to summon them if it is felt necessary by the Court.
Present petition is accordingly dismissed.
Order Date :- 25.4.2019 Abhishek