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High Court of Punjab and HaryanaCOCP/1135/2020disposed of

Rajwinder Kaur v. Rajnish Kumar

2020-06-23Mr. Justice Arvind Singh Sangwan2 pages

COCP No.1135 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No.1135 of 2020 (O&M) Decided on: 23.06.2020 Rajwinder Kaur ....Petitioner

Versus

Rajnish Kumar ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Anurag Chopra, Advocate for the petitioner (through video conferencing) ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for issuance of contempt notice to the respondent for violating the order dated 02.03.2020 (Annexure P1) passed in CWP No.5274 of 2020 titled as 'Rajwinder Kaur vs State of Punjab and others', vide which a direction was issued to the respondent - Sub-Divisional Magistrate, by passing the following order:- "The only grievance of the petitioner in the present petition is that the Election Petition was filed on 25.01.2019 and it is not being heard and has been adjourned on various dates. Earlier, it was transferred from one Officer to another and thereafter also, it has been adjourned several times.

Learned counsel for the petitioner submits that the petitioner would be satisfied, in case, the directions are issued by this Court to finally decide the Election Petition within some stipulated period.

Notice of motion.

On asking of the Court, Mr. Amit Mehta, Sr. D.A.G., Punjab, who is present in the Court, accepts notice on behalf of respondent-State and submits that he has no MOHD YAKUB 2020.06.23 14:20 I attest to the accuracy and integrity of this document High Court, Chandigarh

COCP No.1135 of 2020 (O&M) objection, in case, the Election Petition is directed to be decided within some reasonable time.

Keeping in view the limited prayer and the submissions made by learned counsel for the parties, the present petition is disposed of with a direction to respondents No.2 and 3 to make all efforts to dispose of the Election Petition preferably within a period of six weeks from today.

The petition is disposed of accordingly."

Counsel for the petitioner has argued that despite a lapse of six weeks from the date of passing of the order dated 02.03.2020, no final decision has been taken by the respondent. Counsel for the petitioner has further argued that at this stage, this petition be disposed of with a direction to the respondent to comply with the aforesaid order dated 02.03.2020 within a reasonable time.

In view of the above, this petition is disposed of and the respondent - Rajnish Kumar/ Sub-Divisional Magistrate, Tarn Taran is directed to comply with the order dated 02.03.2020 within a period of 01 month from today and submit a compliance report to the Registrar General of this Court.

Disposed of.

(ARVIND SINGH SANGWAN) 23.06.2020 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2020.06.23 14:20 I attest to the accuracy and integrity of this document High Court, Chandigarh