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TMI Blog2022 (12) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, the reasons are not forthcoming and are not available with either of the parties. Looking to the nature of litigation and the overall circumstances, we find it difficult to countenance this position - Even if we take into consideration the submissions made on behalf of the Respondents about availability of the remedy of appeal to this Court, in our view, such an appeal, which could be preferred on the question/s of law or fact, would also remain an empty formality for the simple reason that neither determination of question of law nor determination of any question of fact by the High Court for the purpose of dealing with the application Under Order VII Rule 11 Code of Civil Procedure is available to the parties. It is deemed appropriate that this order and the entire matter be placed for necessary orders before the Chief Justice of the High Court, who may issue appropriate assigning orders for dealing with the matter pursuant to this order and in accordance with law - appeal allowed. - Civil Appeal No. 6972 of 2022 @ SLP (C) No. 17247 of 2022 @ SLP (C) Diary No. 28749/2022)) - - - Dated:- 26-9-2022 - Dinesh Maheshwari and Bela M. Trivedi, JJ. For the Appellant: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court, the matter was placed before another Hon'ble Judge and was proceeded further but then, hearing on the application moved Under Order VII Rule 11 Code of Civil Procedure itself took a long time with several dates of hearing; the order was reserved on 22.12.2021; the parties filed written submissions in the first week of January, 2022; and then, the matter was listed again on 01.04.2022 and was re-reserved. It is pointed out that ultimately, the order was orally pronounced by the Hon'ble Judge on 15.06.2022 but, that had only been the pronouncement of the result and no reasoned order was supplied to the parties. It has also been submitted that even after more than three months, the reasoned order is still not available to the parties. 9. Dr. Singhvi, learned Senior Counsel has particularly referred to paragraph 10(v) of decision of this Court in the case of Anil Rai v. State of Bihar reported in (2001) 7 SCC 318; and paragraphs 30 and 31 of the Constitution Bench decision of this Court in the case of State of Punjab and Ors. v. Jagdev Singh Talwandi reported in (1984) 1 SCC 596 while submitting that in the given set of facts and circumstances, the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and he would be willing to co-operate even if the application is set down for consideration afresh. 13. We have considered the submissions made by learned Counsel for the parties and have taken note of the totality of circumstances of this case pertaining to election petition filed by the present Appellant in relation to the elections held on 23.05.2019. 14. Apart from the statutory requirements Under Section 86(7) of the Act of 1951, of expeditious proceedings and conclusion of trial of the election petition within six months from the date of presentation, it is even otherwise indisputable that this litigation, by its very nature, calls for expeditious proceedings while being assigned a specific priority by the Court dealing with the same. 15. In the present matter, we do not find it necessary to refer to or dilate upon the previous proceedings, including the order passed by this Court on 21.03.2021 but, find it difficult to countenance the position that even after pronouncement of the result on the application Under Order VII Rule 11 Code of Civil Procedure on 15.06.2022, the reasoned order is not available to the parties until this date. 16. In Jagdev Singh Talwand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licable as precedents for the fact situation of the present case but, we are of the view that the guidelines and observations therein remain fundamental to the course of dispensation of justice in any cause before the Court and the principle set out therein need to be applied with necessary variation, as may be necessary in the given fact situation of any particular case. 19. In the present case, as indicated above, the position obtaining at present is that even after more than three months from pronouncement of the order by the High Court, the reasons are not forthcoming and are not available with either of the parties. Looking to the nature of litigation and the overall circumstances, we find it difficult to countenance this position. 20. Even if we take into consideration the submissions made on behalf of the Respondents about availability of the remedy of appeal to this Court, in our view, such an appeal, which could be preferred on the question/s of law or fact, would also remain an empty formality for the simple reason that neither determination of question of law nor determination of any question of fact by the High Court for the purpose of dealing with the application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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