High Court Patna High Court - Orders

Pramod Singh Chandravanshi vs Sri Som Prakash Singh on 8 July, 2011

Patna High Court – Orders
Pramod Singh Chandravanshi vs Sri Som Prakash Singh on 8 July, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Election Petition No 4 of 2011
                 Pramod Singh Chandravanshi -Versus- Sri Som Prakash Singh

                                        ***

9 08.07.2011 The sole respondent is personally present and appearing in

the matter because of indisposition of his counsel. Heard Mr S B K

Mangalam and the sole respondent. The issues, as proposed, have been

recast and the agreed issues framed are as under :

(1) Whether the acceptance of resignation

of sole respondent not being in

accordance with law, it would be

deemed that the sole respondent

continued to be in Government service

and, as such, was disqualified from

contesting election?

(2) Whether the acceptance of nomination

paper of the sole respondent by the

Returning Officer without proof of

acceptance of sole respondent’s

resignation vitiated the acceptance of

nomination of sole respondent and his

nomination ought to have been

declared void.

The parties would proceed for trial on the aforesaid issues.

The election petitioner has filed list of documents seeking their

production. They are official documents. An application has been filed
2
on behalf of the election petitioner enclosing list of documents. Let the

documents, as mentioned in paragraph-2, be called for from the

custodians, as mentioned therein. The Registry to take all necessary steps

to call for the documents with notice to the custodians that the same be

sent to this Court so as to reach this Court within 15 days on receipt of the

notice. The notice may be sent by Special Messenger at the cost of

election petitioner, non-compliance whereof may result in initiation of the

contempt proceedings as against the officers concerned.

The parties were earlier ordered to file list of witnesses as

well. The sole respondent has filed the same but the petitioner has not

filed list of witnesses. Let him do so within two weeks failing which the

list shall not be considered.

List this matter on 05th of August, 2011. On that day, the

Registry would submit full reports of the documents called for and

received as also why documents were not received, if any.

In the meantime, the learned counsels for the parties are

permitted to inspect the documents as and when they reached this Court.

M.E.H./                                         (Navaniti Prasad Singh)