Expressing concern over the lengthy process of resolution of election disputes in India, the Supreme Court deemed it desirable for special Benches to be created at High Courts to deal exclusively with election petitions.
"Very rarely an election dispute gets resolved during the tenure of the declared candidate reducing the adjudicatory process into a mockery of justice," said a Bench of Justice J Chelameswar and Justice Rohinton Fali Nariman, in an order disposing of an appeal filed by former minister, Mohammad Akbar, seeking an early trial for his election petition, which was pending before the Chhattisgarh High Court.
Akbar had contested the 2013 assembly elections from the Kawardha constituency in Chhattisgarh, where BJP candidate, Ashok Sahu eventually won the election. Subsequently, Akbar filed an election petition before the Chhattisgarh High Court challenging Sahu's election on various grounds, including allegations of corruption. Amidst a series of adjournments due to a variety of reasons, Akbar filed a special leave petition (SLP) in the Apex Court, complaining that notwithstanding the mandate of the provisions of the Representation of Peoples' Act 1951, the High Court had not disposed of the election petition thus far.
The Supreme Court order stated, "The tenure of the Members of the Parliament as well as the Legislature of the State is relatively short. If there is a dispute regarding the election of any member of any one of the said bodies, it is desirable that the dispute is resolved as early as possible for various reasons."
The Supreme Court added that special Benches at High Courts should be created for dealing entirely with election disputes, so that those judges assigned to the adjudication of election petitions would not be burdened with any other work until the adjudication of the election petitions was completed.
In a recent case, the Apex Court observed that around 15 months after the election, the trial of the election petition had not yet commenced. "In the circumstances, we deem it appropriate to request the Chief Justice to take necessary steps for disposal of the election petition expeditiously, by devising such appropriate measures", said the order.
- Legal Era
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