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Expeditious disposal of election petition necessary to sustain purity of parliamentary democracy

Supreme Court: Rejecting the practice of causing delay in the
conclusion of the trial of an election petition which leaves an impression that
the elected candidate has the skilfulness to enjoy his full term without being
concerned or bothered about the challenge to his election, the bench of Dipak
Misra and P.C. Pant, JJ held that the same defeats the very object of
expeditious disposal of election petition as envisaged in Section 86(7) of the
Representation of the People Act, 1951 (the Act). The Court said that the
fundamental purpose for expeditious disposal of an election petition is to
sustain the purity of parliamentary democracy.

Considering the case at hand
where the elected candidate has been taking time at his own pleasure and
leisure and filing applications as he desired giving vent to his whim and fancy
and the Court has granted adjournment in an extremely liberal manner, the
Court, going into the legislative intent of the provision in question, said that
engrafting a provision in the nature of Section 86(7) of the Act, the
legislative intendment is clear that the Court has to endeavour to dispose of
an election petition as expeditiously as possible and not to allow the parties
to take resort to unnecessary adjournments or file vexatious applications.

Laying emphasis on fundamental
values of democracy, the Court said that a voter casts his vote as a
responsible citizen to choose the masters for governing the country, hence, it
should be election candidate’s sanguine effort to become free from the assail
in the election petition and work with attainment and not take shelter seeking
adjournments with the elated hope that he can be triumphant in the contest by
passage of time. [Pukhrem Sharatchandra Singh v. Mairembam Prithviraj,  decided on 01.10.2015]
Source: Legal news India

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