Kiran @ Kiran Chopra v. Sneh Lata Garg And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-4322-2024 (O&M) Date of decision: 05.08.2024 Kiran @ Kiran Chopra ...PETITIONER

VERSUS

Sneh Lata Garg and ors ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:

Ms. R.S. Mamli, Advocate for the petitioner.

**** VIKAS SURI,J. (ORAL) 1.

Petitioner Kiran @ Kiran Chopra has filed the present petition under article 227 of the Constitution of India for setting aside order dated 09.07.2024 (Annexure P-10) whereby the application filed by the petitioner to conclude the trial according to the provisions of Rule 81(3) of the Haryana Municipal Election Rules, 1978 and to dispose of the election petition accordingly and further to direct the competent authority to take legal action against erring officials, has been dismissed. 2.

At the very outset, learned counsel for the petitioner states that he confines his prayer in the present petition to seek direction to the Tribunal to dispose of the election petition in accordance with law, in a time bound manner. It is further submited that the election petition was instituted on 07.07.2022 and the same is still pending. The next date before the Tribunal is 30.08.2024.

SUMIT KUMAR 2025.09.27 11:53 I attest to the accuracy and authenticity of this order/judgment

CR-4322-2024 (O&M) -23.

In view of the limited prayer made by learned counsel for the petitioner and having gone through the record of the case, the aforesaid prayer appears to be reasonable on the face of it. In the present case, it is evident from the record that the election petition under Section 270 of the Haryana Municipal Act, 1973 read with the relevant provisions of the Haryana Municipal Election Rules, 1978 was instituted on 07.07.2022 for declaring the election results of municipal election for the seat of member of Ward No.18, Municipal Council, Fatehabad, as null and void and for declaring the petitioner as duly elected member of the said ward. The zimni orders of the Tribunal have been collectively appended as Annexure P-9. A perusal of the same shows that the trial is proceeding at snail's pace.

4.

Learned counsel for the petitioner submits that two years' out of the 05 year term have already elapsed. It is further submitted that till date even the issues have not been framed.

5.

In view of the limited prayer noticed above, without expressing any opinion on the merits of the case or the contentions as raised in the present petition, the present petition is disposed of with a direction to the Tribunal concerned to avoid granting unnecessary adjournments and proceed with the trial, in accordance with law and to conclude the same as expeditiously as possible. August 05, 2024 (VIKAS SURI) joyti/sumit.k JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No SUMIT KUMAR 2025.09.27 11:53 I attest to the accuracy and authenticity of this order/judgment