S.K Seth, J.:— Heard.
2. This order shall also govern the disposal of W.P No. 112/2017 as both the petitions arise out of the common order passed by the 6th Additional District Judge, Sagar in Election Petition No. 16-A/15.
3. Petitioner Abhay Dare in the present case is the return candidate as he was elected Mayor of the Municipal Corporation, Sagar. The election of the petitioner is challenged in election petition filed by Girdhar Patel, Santosh Selat and Seetaram Pathak.
4. On 22.12.2016, an application under Order 17 Rule 1 of CPC was filed on behalf of petitioner no. 3 in the election petition seeking adjournment on the ground that old father of the counsel for petitioner no. 3 is suffering from Harniya and Prostate.
5. The trial Court instead of adjourning the case permitted the other two remaining witnesses to cross-examine and present in the Court and for the purposes of cross-examination of those witnesses time was allowed to petitioner no. 3 subject to payment of cost of Rs. 200/- each.
6. Petitioner i.e Akshay Dare also filed an application under Order 17 Rule 1 of CPC seeking adjournment for examination of four witnesses on the ground that one of them met with an accident and other three witnesses were absent because of their personal reasons. This application was partly allowed by the trial Court only in respect of Sanjay Jariya but rejected the application with regard to the other three witnesses namely Ashok Sen, Vinod Samiya and Santosh Sen. The next date of hearing is fixed on 17.01.2017
7. The writ petition is vehemently opposed by counsel appearing for respondent no. 1 and 2 i.e petitioner nos. 1 and 2 in the election petition. It is also submitted that despite the order passed by this Court for early disposal of the election petition, all efforts are being made by the return candidate to prolong the proceedings on one pretext or the other.
8. After having heard rival submissions and considering the material available on record, it is directed that if the return candidate keeps his other three witnesses namely Ashok Sen, Vinod Samiya and Santosh Sen on 17.01.2017 and pays the cost of Rs. 500/- in respect of each witnesses, the trial Court may permit him to examine the aforesaid three witnesses along with Sanjay Jariya.
9. It is made clear that on the date fixed by the trial Court, the petitioner no. 3 in the election petition shall also examine his witnesses, in terms of the order passed by the trial Court and complete the cross-examination of the witnesses who already examined on the previous date.
10. It is also made clear that if the return candidate i.e Mayor fails to keep the witnesses present in the Court on 17.01.2017 or fails to pay the cost as directed above he shall not be permitted to examine the three witnesses namely Ashok Sen, Vinod Samiya and Santosh Sen.
11. The trial Court is remind of the orders passed by this Court on 31.03.2016 and 25.10.2016 and try to dispose of all the election petitions expeditiously within the time extended by the High Court.
12. Accordingly, both the writ petitions stand disposed of. Parties are directed to appear before the trial Court along with other witnesses on 17.01.2017
13. Let a copy of this order be retained in the file of W.P No. 112/2017.
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