The Madhya Pradesh High Court has dismissed a election petition filed against Bhopal Member of Parliament (Lok Sabha) Sadhvi Pragya Thakur for want of prosecution following none appeared for petitioner despite giving repeated opportunities.
Repeated opportunities were granted to petitioner to argue the case on preliminary issue, the court order said.
None appears for petitioner on 11.10.2022, 23.11.2022 and on
29.11.2022, said the court order of December 12, 2022.
Law on the issue is settled in case of P. Nalla Thampy Thera Dr. Vs.
B.L. Shanker AIR 1984 SC 135, which is quoted as under :
“It, therefore, follows that the Code is applicable in disposing
of an election petition when the election petitioner does not appear
or take steps to prosecute the election petition. Dismissal of an
election petition for default of appearance of the petitioner under
the provisions of either 0. XI or 0. XVII of the Code would,
therefore, be valid and would not be open to challenge on the
ground that these provisions providing for dismissal of the election
petition for default do not apply”, the court order said.
In case reported in AIR 2003 Punjab & Haryana 268-Gurmesh
Bishnoi Vs. Bhajan Lal, it was held as under :
“Consequently, I have no hesitation in coming to the conclusion
that an election petition can be dismissed for default or for nonprosecution,
as the case may be, if the order is otherwise called for. The
Court can hardly compel an unwilling party to prosecute its litigation
even if such inaction may spring from negligence, indifference or even
incapacity or inability. The power to dismissal of election petition is
inherent power which every Tribunal possesses. Thus, this contention of
the applicant is rejected, ” the court order said.
Justice Vishal Dhagat said in view of aforesaid, since petitioner is not appearing despite repeated opportunities being granted to him, therefore, election petition is dismissed for want of prosecution.
Rakesh Dixit of Bhopal filed the election petition against Thakur taking certain grounds.
