DIPAK MISRA, PRAFULLA C.PANT
Pukhrem Sharatchandra Singh – Appellant
Versus
Mairembam Prithviraj @ Prithibiraj Singh – Respondent
JUDGMENT :
Dipak Misra, J.
What ordinarily would have entailed dismissal of the special leave petition treating it with loathe, regard being had to the nature of the order passed by the learned Single Judge in Misc. Case (E.P) No. 1 of 2012 in Election Petition No. 1 of 2012 as he had only adjourned the matter, but the chronology of events, the ultimate consequence that would emerge by efflux of time, the command of the provision contained in Section 86(7) of the Representation of the People Act, 1951 (for brevity, “the Act”), every conceivable stand adopted in a dexterous manner by the respondent, the elected candidate, harbouring the notion that he singularly has the intellectual imperialism, which has the effect potentiality to frustrate and defeat the election trial, for the High Court has not even been able to frame issues lest proceed with the trial, has impelled us to interfere and write a verdict. It needs no special emphasis to state that causation of delay in the conclusion of the trial of an election petition 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. A
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