Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5086 of 2018 Petitioner :- Smt. Mamta Respondent :- Additional District Judge And 6 Others Counsel for Petitioner :- Pradeep Kumar Rai,Saurabh Trivedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiff-applicant.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The applicant has approached this Court to expedite the proceedings of Election Petition No.525 of 2017 (Smt. Mamta vs. Vikas Gupta) pending before learned Additional District Judge, Muzaffarnagar.
Learned counsel for the petitioner states that the petitioner filed an election petition under Section 19 of U.P. Nagar Palika Act, 1916 before the District Judge, Muzaffarnagar and after registration of the election petitioner, it had been transferred to the Court of Additional District Judge, Court No.2, Muzaffarnagar on 26.4.2018. In the aforesaid election petitioner the respondents have put their appearance but inspite of several opportunities, they have not yet filed their written statement and the election petition is pending for more than seven months. In support of his submission, he has placed reliance on the judgement of Apex Court in Pukhrem Sharatchandra Singh vs. Hairembam Prithviraj @ Prithibiraj Singh 2015 Lawsuit (SC) 906.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to expedite the proceeding of pending Election Petition No.525 of 2017 (Smt. Mamta vs. Vikas Gupta) and conclude the same, in accordance with law, as expeditiously as possible and preferably within six months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 27.7.2018 RKP