- (1.) Instant election petition came to be filed u/Ss.81, 100 & 101 of the Representation of the People Act, 1951 and Conduct of Election Rules, 1961 assailing the election of respondent No.1 Surajbhan for Legislative Assembly Constituency, Laxmangarh-Rajgarh (68), result whereof was declared on 08.12.2008.
(2.) As it reveals from the election petition, the petitioner and respondent No.1 along with others contested election for Legislative Assembly Constituency, Laxmangarh-Rajgarh (68) held on 04.12.2008. However, the respondent No.1 was declared elected from the said Constituency.
(3.) The election petition was initially instituted in this court on 13.01.2009 and the proceedings indicate that initially it was assigned to brother Justice S.P.Pathak and by the time Justice S.P.Pathak was in office, the notices upon the respondents who are 13 in all are served and written statement was filed on 11.08.2009 and rejoinder thereafter on 14.11.2009 and issues were framed on 23.04.2010 and it appears that after Justice S.P.Pathak demitted the office, it was assigned to other brother Judge and the proceedings indicate that the matter remained adjourned with consent of the parties on one or the other reason and examination-in-chief of petitioner Johari Lal Meena was finally recorded on 10.01.2012 and the matter proceeded further for his cross-examination but later proceedings reveal that his cross-examination remained in part and for one or the other reason could not be completed and the brother Judge also demitted office and thereafter the matter was assigned to this court on 31.08.2012 and dates were sought for completion of cross-examination but the matter remained adjourned for one pretext or the other and in fact no effective proceedings thereafter took place.;