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)