Jaspal Singh v. State Of Punjab And Others

CWP-36520-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-36520-2019 Date of decision : 17.12.2019 Jaspal Singh ....Petitioner V/s State of Punjab & ors.

....Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Harmeet Singh Oberoi, Advocate for the petitioner. Mr. IPS Doabia, Addl. A.G. Punjab.

RAJAN GUPTA J. (ORAL) Present petition has been filed seeking a writ in the nature of mandamus to direct respondents no. 1 to 3 to transfer the proceedings in Election petition from District Patiala to some other District except State of Punjab. At the outset, a query has been put to counsel for the petitioner whether there is any enabling provisions in this regard. No clear answer is forthcoming. Besides, most of the allegations contained in the petition pertain to a compact disc which contains videography of the election. According to learned counsel, the Deputy Commissioner was present at the spot and certain bogus votes were polled at that time. For this reason, he has preferred the election petition alleging that elections were not held in a transparent, fair and impartial manner. Assistance of the Mr. IPS Doabia, Addl. A.G.

Punjab, who is present in court has also been sought. During the course of hearing, he has apprised the court that election petition is now heard by Sub-Divisional Magistrate, Patiala with whom the powers are vested. He assures the court that the election petition shall AJAY KUMAR 2019.12.

CWP-36520-2019 be decided in a judicious manner by said authority as expeditiously as possibly, preferably within six months.

In view of above, no further interference in writ jurisdiction is called for. Disposed off.

A copy of this order be forwarded to Deputy Commissioner, Patiala. (RAJAN GUPTA) JUDGE December 17, 2019 (KARAMJIT SINGH) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2019.12.19 16:01 I attest to the accuracy and authenticity of this document