The Supreme Court today declared that in each High Court dedicated Benches shall be created by the concerned Chief Justice to deal with the election petitions exclusively.
Mohd. Akbar v. Ashok Sahu & Ors.
CIVIL APPEAL NOS. 2538-40 OF 2015
CIVIL APPEAL NOS. 2538-40 OF 2015
Judgment Dated : 27/02/2015
CORAM : J. Chelameswar .J, Rohinton Fali Nariman .J
CATCHPHRASE :
1.Very rarely an election dispute gets resolved during the tenure of the declared candidate reducing the adjudicatory process into a mockery of justice.
The reasons for delay in the matter are as follows:
(i) The stakes are very high for the parties. Nothing short of the membership of a constitutional body for a limited period. The power and glory that go with such membership is too high and valuable and the returned candidates naturally leave no stone unturned for protracting the litigation as long as possible.
(i) The stakes are very high for the parties. Nothing short of the membership of a constitutional body for a limited period. The power and glory that go with such membership is too high and valuable and the returned candidates naturally leave no stone unturned for protracting the litigation as long as possible.
(ii) The law of elections and election disputes is highly technical. Therefore, there is always scope for lot of objections and cross-objections regarding every step in the conduct of the election petition.
(iii) The absence of dedicated Benches in the High Court for resolution of the election disputes is another factor which contributes enormously to the delay in the adjudicatory process.
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