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2015 Supreme(SC) 172

J.CHELAMESWAR, ROHINTON FALI NARIMAN
Mohd. Akbar – Appellant
Versus
Ashok Sahu – Respondent


JUDGMENT

1. Leave granted.

2. The General Election to Chhattisgarh Legislative Assembly took place in 2013. The appellant herein is one of the contesting candidates for 72-Kawardha Legislative Assembly Constituency.

3. Polling took place on 19.11.2013. The result was declared on 8.12.2013. First respondent was declared elected. The appellant secured the second highest number of votes in the said election. On 20.1.2014, the appellant filed Election Petition No. 4 of 2014 challenging the election of the first respondent on various grounds including the commission of certain corrupt practices. On 29.1.2014, the High Court issued summons to the respondents.

4. It appears that matter was listed on 25.3.2014. It is not very clear from the records whether all the respondents were served or not. But from copy of the order dated 25.3.2014, it appears that only respondent Nos. 1, 5, 9 and 10 were represented by counsel and other respondents were not represented. The High Court recorded an order as follows:-

“There is an oral prayer made for extension of time for filing written statement but there is no application is writing in that regard.

In the interest of justice, three days time is grant




















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