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Synopsis

The Allahabad High Court has recently observed that while delay in deciding election petition would result in loss of a legal battle of an Election-Petitioner, the Petitioner as well as the Court has to be more careful in making sure that such delay is not caused.

"...delay in deciding election petition would result sometimes in loss of a legal battle of an Election-Petitioner. However, for that Election-Petitioner as well as the Court has to be more careful and has to take endeavor to decide election petition at the earliest so that it may not render infructuous due to efflux of time....", further observed a bench of Justice SS Shamshery.

Court has made this observation while dealing with an election petition arising out of a dispute of General Election-2014.

"The issue raised before this Court is, whether due to efflux of time this election petition, which is arising out of a dispute of General Election-2014, when not only tenure of that Lok Sabha was already over in 2019 but tenure of present Lok Sabha is about to be over in 2024, i.e. within few months, has become infructuous or if survives, it would only for an academic purpose?", the single judge bench observed at the outset.

Rajender Kumar, an active member of Bhartiya Janta Party, who was set up as a candidate from Bijnor Parliamentary Constituency Uttar Pradesh for Parliamentary Election of year 2014 was later replaced by Kunwar Bhartendra Singh, whose candidature Kumar challenged. 

Before the High Court, the present election petition was filed seeking to declare the result in favour of Singh to be null and void and set aside the order of 2014 whereby objections filed by petitioner were rejected and Nomination Form of Returned Candidate was accepted. 

Court noted that said election petition did not survive since it would be a futile exercise to adjudicate the same at this stage after not only term of Lok Sabha 2014-2019 was over but term of subsequent Lok Sabha 2019-2024 is likely to be over within few months.

Justice Shamshery has further said that post his conversation with the two leaders, he found their relation to be cordial so much as that they still visit each other’s house and also support each other as and when required in elections or otherwise.

Noting that Kumar was more conscious of his public image which was not an incorrect approach since he was socially and politically active person, the High Court said, "A political person is normally image conscious since it always carry with him. It appears that Election-Petitioner is carrying an impression that since his Nomination Form was rejected by Returning Officer, it amounts to be a dent on his public image that he has undertaken something illegal or there was something fishy in his Nomination Form. However, as referred above, from bare perusal of order passed by the Returning Officer, the impression does not appear to be true. Therefore, the impression of Election-Petitioner is baseless which is also supported and evident by subsequent events, when both parties have admitted that said National Political Party has still confidence on Election-Petitioner and his family members and party has set up his family members in other elections as its candidate".

While concluding, the single judge bench has said that in a political life, there are no permanent enemies or friends.

"Both Election-Petitioner and Returned Candidate have declared themselves to be a dedicated workers of the said National Political Party and it also appears that this election petition was filed only to clear a cloud of doubt which might have created by rejection of Nomination Form of Election-Petitioner", it added.

Case Title: Rajender Kumar vs. Kunwar Bhartendra Singh