JUDGMENT S.P. Mehrotra, J.
1. Pursuant to the order dated 9-1-2006, the case is listed today.
2. Cause List has been revised. However, neither the learned Counsel for the petitioner, nor the learned Counsel for the Respondent No. 2 is present.
3. By the order dated 25th February, 2005, fresh notices were directed to be issued to the Respondent No. 1 by Ordinary Process as well as by Registered Post AD.
4. Sri M.C. Gupta, learned Counsel for the petitioner was granted one month's time for taking requisite steps for issuance of fresh notices to the Respondent No. 1.
5. By the said order dated 25th February, 2005, it was, inter-alia, further directed that reminder be issued to the newspaper "Dainik Jagran", published in Hindi from Meerut,, in regard to the matter pertaining to publication of notice of the Election Petition in the said newspaper, pursuant to the order dated 17-12-2004 passed by the Court read with the order dated 5-1-2005 passed by the Registrar General.
6. Pursuant to the said order dated 25th February, 2005, the case was listed before the Court on 15th April, 2005 with the Office Report dated 15th April, 2005.
7. The said Office Report dated 15-4-2005, inter-alia, stated that the learned Counsel for the petitioner had not taken steps till date, as per the directions given in the said order dated 25th February, 2005.
8. The said Office Report further showed that the reminder had been sent to the newspaper "Dainik Jagran", published in Hindi from Meerut, as directed by the said order dated 25th February, 2005.
9. On the said date, namely, 15th April 2005, Sri M.C. Gupta, learned Counsel for the petitioner had sent illness slip.
10. In the circumstances, the case was adjourned on 15th April, 2005, and was directed to be listed on 8th July, 2005.
11. Relevant portion of the said order dated 15th April, 2005 is reproduced below :
...
By the said order dated 25-2-2005, fresh notices were directed to be issued to the Respondent No. I by Ordinary Process as well as by Registered Post A.D. Sri M.C. Gupta, learned Counsel for the petitioner was granted one month's time far taking requisite steps for issuance of fresh notices to the respondent No. I.
As noted above, office has submitted Us aforesaid Report dated 15-4-2005 today. It is, inter-alia, stated in the said Report that the learned Counsel for the petitioner has not taken steps till today, as per the directions given in the said order dated 25-2-2005.
As Sri M.C. Gupta, learned Counsel for the petitioner has sent illness slip today, the said matter will he considered on the next date fixed in the case.
By the said order dated 25-2-2005, it was, inter-alia, directed that reminder be issued to the Newspaper "Dainik Jagran", published in Hindi from Meerut, in regard to the matter pertaining to publication of notice of the Election Petition in the said Newspaper, pursuant to the order dated 17-12-2004 passed by the Court read with the order dated 5-1-2005 passed by the Registrar General.
Office Report dated 15-4-2005 shows that the reminder has been sent to the said Newspaper "Dainik Jagran", published in Hindi from Meerut, as directed by the said order dated 25-2-2005.
As Sri M.C. Gupta, learned Counsel for the petitioner has sent illness slip today, the said matter will be considered on the next date fixed in the case.
As Sri M.C. Gupta, learned Counsel for the petitioner has sent illness slip today, the case is adjourned today.
List on 8-7-2005. The name of Sri Chandra Shekher Kushwaha, who has put in appearance on behalf of the Respondent No. 2, will be shown in the cause list, when the case is listed next.
12. Pursuant to the said order dated 15th April, 2005, the case was listed on 8th July, 2005 with the Office Report dated 8th July, 2005.
13. The said Office Report dated 8th July, 2005 is as follows:
In compliance with the Court's order dated 15-4-2005, the petitioner's counsel has not taken steps till today in the said order dated 25-2-2005.
The Dainik Jagran Press, Meerut has sent a letter on 11th January, 2005 by Registry to the Deputy Registrar (J) High Court, Allahabad. This letter has received on 20-4-2005 by D.R. (J).
The Press has a/so mentioned Bill of Rs. 1980/- in favour of Jagran Prakashan Pvt. Ltd., Meerut or Allahabad Office.
The case is put up for orders.
14. The letter dated January 11, 2005 sent by the Jagran Prakashan Pvt. Ltd., Meerut is on the record.
15. From a perusal of the said letter, it is not clear as to whether notice of the Election Petition had been published in the said newspaper.
16. The Court is informed that no copy of the said newspaper containing any such publication of the notice of the Election Petition has been received from the Dainik Jagran Press, Meerut.
17. On the said date, i.e., 8th July, 2005, Sri M.C. Gupta, learned Counsel for the petitioner had again sent illness slip.
18. In the circumstances, the case was adjourned and was directed to be listed on 2nd September, 2005.
19. The said order dated 8th July, 2005 is quoted below :
Pursuant to the order dated 15-4-05, the case is listed today.
Sri M.C. Gupta, learned Counsel for the petitioner has sent illness slip today.
In the circumstances, the case is adjourned today.
The matters mentioned in the order dated 15-4-2005 as well as the Office Report dated 8-7-2005 will be considered on the next dale fixed in the matter.
List this case on 2-9-2005.
20. Pursuant to the said order dated 8th July, 2005, the case was listed before the Court on 2nd September, 2005 with the Office Report dated 2nd September, 2005.
21. On the said date, i.e., 2nd September 2005, Sri M.C. Gupta, learned Counsel for the petitioner as well as Sri Chandra Shekher Kushwaha, learned Counsel for the Respondent No. 2 had sent illness slips.
22. In the circumstances, the case was adjourned, and was directed to be listed on 21st October, 2005.
23. The said order dated 2nd September, 2005 is reproduced below :
Pursuant to the order dated 8-7-05, the case is listed today.
Sri M.C. Gupta, learned Counsel for the petitioner as well as Sri Chandra Shekher Kushwaha, learned Counsel for the Respondent No. 2 have sent illness slips today.
In the circumstances, the case is adjourned today.
The matters mentioned in the order dated 15-4-05 as well as the Office Reports dated 8-7-05 and 2-9-05, will he considered on the next date fixed in the matter.
List this case on 21-10-05.
The case will he listed amongst the cases listed at the top of the cause list of the said date.
24. Pursuant to the said order dated 2nd September, 2005, the case was listed before the Court on 21st October, 2005 with the Office Report dated 21st October, 2005.
25. On the said date, i.e., 21st October, 2005, Sri M.C. Gupta, learned Counsel for the petitioner had again sent illness slip.
26. In the circumstances, the case was adjourned, and was directed to be listed on 25th November, 2005.
27. The said order dated 21st October, 2005 is as under:
Pursuant to the order dated 2-9-2005, the case is listed today.
Sri M.C. Gupta, learned Counsel for the petitioner has sent illness slip today.
In the circumstances, the case is adjourned, today.
The matters mentioned in the order dated 15-4-2005 as well as Office Reports dated 8-7-2005, 2-9-2005 and 21-10-2005, will be considered on the next date fixed in the matter.
List this case on 25-11-2005.
The case will he listed amongst the cases listed at the top of the cause list of the said dale.
28. Pursuant to the order dated 21st October, 2005, the case was sent before the Court on 25th November, 2005, as an unlisted date fixed matter with the Office Report dated 25th November, 2005.
29. On the said date, i.e., 25th November, 2005, the case was called out. However, as the learned Counsel for the parties were not present, the case was adjourned, and was directed to be listed on 9th December, 2005.
30. The said order dated 25th November, 2005 (incorrectly transcribed as "26-11-2005" on the Order-Sheet) is as follows :
Pursuant to the order dated 21-10-2005, the case has been sent today as an unlisted date fixed matter.
Case called out.
Learned counsel for the parties are not present.
In the circumstances, the case is adjourned today.
The matters mentioned in the order dated 15-4-2005 as well as the Office Reports dated 8-7-2005, 2-9-2005 and 21-10-2005, will be considered on the next date fixed in the matter.
List this case on 9-12-2005 The case will he listed amongst the cases listed at the top of the cause list of the said date.
31. Pursuant to the said order dated 25th November 2005, the case was listed before the Court on 12th December, 2005 with the Office Report.
32. On the said date, i.e., 12th December 2005, Sri M.C. Gupta, learned Counsel for the petitioner had again sent illness slip.
33. In the circumstances, the case was adjourned, and was directed to be listed on 9th January, 2006, peremptorily.
34. The said order dated 12th December, 2005 is as follows :
Pursuant to the order dated 26th November, 2005, the case is listed today.
Sri M.C. Gupta, learned Counsel for the petitioner has sent illness slip today.
In the circumstances, the case is adjourned today.
The matters mentioned in the Order dated 15-4-2005, as well as the Office Report dated 8-7-2005, read with the subsequent Office Reports, will he considered on the next date fixed in the matter.
List this case on 9th January 2006, peremptorily.
The case will he listed amongst the cases listed at the top of the cause list of the said date.
35. Pursuant to the said order dated 12th December 2005, the case was listed before the Court on 9th January, 2006, peremptorily with the Office Report dated 9th January, 2006.
36. Even though the case was listed peremptorily on 9th January, 2006, Sri Chandra Shekher Kushwaha, learned Counsel for the Respondent No. 2 had sent illness slip.
37. In the circumstances, the case was directed to be listed peremptorily on 17th January 2006, i.e., today.
38. The said order dated 9th January, 2006 is quoted below :
Pursuant to the order dated 12-12-2005, the case is listed today peremptorily.
However, Sri Chandra Shekher Kushwaha, learned Counsel for the Respondent No. 2 has sent illness slip.
In the circumstances, the case is directed to be listed peremptorily on 17-1-2006.
The case will be listed amongst the cases listed at the top of the cause list of the said date.
The matters mentioned in the order dated 15-4-2005, as well as the Office Report dated 8-7-2005, read with the subsequent Office Reports, will be considered on the next date fixed in the matter.
39. Pursuant to the said order dated 9th January, 2006, the case is listed today peremptorily, as noted above.
40. The case has been taken up in the revised list today, but the learned Counsel for the parties are not present.
41. In view of the above narration of facts, it is evident that the learned Counsel for the petitioner has not so far taken the requisite steps for issuance of fresh notices to the Respondent No. 1, as directed by the order dated 25th February, 2005.
42. It is not clear on the record, as to whether notice of the Election Petition has been published in the newspaper "Dainik Jagran", published in Hindi from Meerut, pursuant to the order dated 17th December, 2004 passed by the Court read with the order dated 5-1-2005 passed by the Registrar General. No copy of the newspaper "Dainik Jagran", wherein any such notice of the Election Petition was published, has been brought on record.
43. None is present for the petitioner today, even though, the case has been taken up in the revised list.
44. In the circumstances, the Court has no option, but to dismiss the Election Petition for want of prosecution.
45. The Election Petition is accordingly dismissed for want of prosecution.