(Anil R. Dave and L. Nageswara Rao, JJ.)
Sahadev Xaxa ______________________________________ Appellant
v.
Jogesh Kumar Singh and Ors. ______________________ Respondent(s)
Civil Appeal Nos. 7385-7386 of 2016, decided on August 8, 2016
[Arising out of SLP (C) Nos. 19936-19937 of 2016]
With
Civil Appeal No. 7384 of 2016
[Arising out of SLP (C) No. 23226 of 2016]
The Judgement of the Court was delivered by
Anil R. Dave, J.:—
Civil Appeals arising out of SLP(C) Nos. 19936-19937/2016
1. Mr. Ashok Panigrahi, learned counsel appears on behalf of respondent No. 1, who is a returned candidate, on caveat. Service of notice is waived by him on behalf of respondent No. 1.
2. For the purpose of disposal of these appeals, it is not necessary to have presence of other respondents hence they are deleted, at the risk and responsibility of the appellant.
3. Heard the learned counsel.
4. Leave granted.
5. Upon hearing the learned counsel and upon perusal of the impugned order, in the peculiar facts of these cases, we are of the view that the High Court should have finally decided Miscellaneous Case Nos. 26 and 27 of 2016 arising out of Election Petition Nos. 20 and 17 of 2014 as these applications have been filed under Order 7 Rule 11 of the Civil Procedure Code, 1908. In our opinion taking decision in the said applications ought not to have been postponed till the disposal of the Election Petitions.
6. In the circumstances, the impugned order dated 22nd June, 2016 passed in Miscellaneous Case Nos. 26 and 27 of 2016 in Election Petition Nos. 20 and 17 of 2014 is set aside with a direction that the said applications shall be decided as soon as possible and preferably within two weeks from the date of receipt of a copy of this order by the High court. Needless to say that after the disposal of Miscellaneous Applications filed under Order 7 Rule 11 of the Civil Procedure Code, 1908 the Election Petitions shall also be decided as soon as possible and within six months from the date of disposal of the above stated Miscellaneous Applications.
Civil Appeal arising out of SLP(C) No. 23226 of 2016
7. Mr. Sanjeeb Panigrahi, learned counsel appears on behalf of respondent No. 1, who is Election Petitioner, on caveat. Service of notice is waived by him on behalf of respondent No. 1.
8. For the purpose of disposal of this appeal, it is not necessary to have presence of other respondents hence they are deleted, at the risk and responsibility of the appellant.
9. Heard the learned counsel.
10. Leave granted.
11. Upon hearing the learned counsel and upon perusal of the impugned order, in the peculiar facts of the case, we are of the view that the High Court should have finally decided Miscellaneous Case No. 29 of 2016 arising out of Election Petition No. 17 of 2014 as the application has been filed under Order 7 Rule 11 of the Civil Procedure Code, 1908. In our opinion taking decision in the said application ought not to have been postponed till the disposal of the Election Petition.
12. In the circumstances, the impugned order dated 12th July, 2016 passed in Miscellaneous Case No. 29 of 2016 in Election Petition No. 17 of 2014 is set aside with a direction that the said application shall be decided as soon as possible and preferably within two weeks from the date of receipt of a copy of this order by the High court. Needless to say that after the disposal of Miscellaneous Application filed under Order 7 Rule 11 of the Civil Procedure Code, 1908 the Election Petition shall also be decided as soon as possible and within six months from the date of disposal of the above stated Miscellaneous Application.
13. In view of the above, the civil appeals stand disposed of as allowed with no order as to costs.
Petition(s) for Special Leave to Appeal (C) Nos. 19936-19937/2016
Sahadev Xaxa _____________________________ Petitioner
v.
Jogesh Kumar Singh and Ors.….Respondent(s)
With
SLP(C) No. 23226/2016
Date: 08/08/2016 These petitions were called on for hearing today.
(Before Anil R. Dave and L. Nageswara Rao, JJ.)
For Petitioner(s) in SLPs 19936-37 Mr. Yashank Adhyaru, Sr. Adv.
Mr. Shibashish Misra, Adv.
Mr. Gopal Agarwal, Adv.
Mr. Ashok Sahu, Adv.
In SLP 23226 Mr. Kapil Sibal, Sr. Adv.
Mr. Pitambar Acharya, Sr. Adv.
Mr. Ashok Panigrahi, Adv.
Mr. Surajit Bhaduri, Adv.
Mr. Santosh Kumar, Adv.
For Respondent(s) No. 1 in SLP 23226 Mr. Ramachandra Sarangi, Adv.
Mr. Sanjeeb Panigrahi, Adv.
Mr. Rabi Narayan Mohanty, Adv.
Mr. Abhishek Tripathy, Adv.
For Respondent No. 1 in SLPs 19936-19937 Mr. Pitambar Acharya, Sr. Adv.
Mr. Ashok Panigrahi, Adv.
Mr. Santosh Kumar, Adv.
Mr. Upendra Kumar Samal, Adv.
UPON hearing the counsel the Court made the following
Order
14. Heard the learned counsel.
15. Leave granted.
16. The civil appeals are disposed of as allowed in terms of the non-reportable judgment.
———
