1983 (10) TMI 274 - SC - Indian Laws

Election Petition - petitioner secured 26 797 whereas the respondent who had succeeded polled 30, 289 votes - frame issues in the context of averments made in paragraph 29 and 36 - two paragraphs were struck off by the High Court - either to frame the issues or refuse to frame issues - HELD THAT -Mr. Hardev Singh appearing for the respondent tried his best to persuade us that this order had given him the option to either frame or refuse to frame issues in respect of allegations made in paragraphs 29 and 36. We are unable to agree with this argument. The tenor and the spirit of the order is clear that the allegations made in paragraphs 29 and 36 are not vague and are not lacking in material particulars but are such as would have been taken into consideration. The only liberty given to the Court was to frame issues on the basis of allegations in an appropriate manner and thereafter the High Court was to take evidence and decide the issue. We would therefore direct the High Court to frame issues in respect of paragraphs 29 and 36 as they stand and then take evidence of both the parties and then give a final verdict on the issues and record its finding and submit the same to this Court after which we will hear the entire case and decide also issue No. 35 on which we have not adjudicated so far because we have called a finding from the High Court. We therefore set aside the order of the High Court to the extent indicated above. All the records should be sent to the High Court immediately.

Summary

Issues involved:
The judgment involves the dismissal of an Election Petition by the Punjab & Haryana High Court, the framing of issues based on specific paragraphs of the petition, and the subsequent remand of the case to the High Court for further proceedings.

Dismissal of Election Petition:
The Election Petition filed by the appellant, a candidate for the State Assembly, was dismissed by the Punjab & Haryana High Court. The petitioner secured 26,797 votes while the respondent, who won the election, polled 30,289 votes. The Supreme Court directed the High Court to frame issues based on specific paragraphs of the petition, namely paragraphs 29 and 36, which were initially struck off by the High Court but restored by the Supreme Court.

Framing of Issues:
The Supreme Court emphasized the importance of framing issues based on the allegations in paragraphs 29 and 36 of the Election Petition. The Court clarified that the High Court's decision to strike off these paragraphs was reversed by the Supreme Court, and it was necessary to consider the facts presented in these paragraphs when framing issues. The High Court was directed to take evidence from both parties, decide on the issues, and submit its findings to the Supreme Court for further adjudication.

Judicial Discipline:
The Supreme Court expressed concern over the High Court judge's observations, which were deemed disrespectful towards the Supreme Court's decision. The Court highlighted the importance of judicial discipline and the obligation of all parties, including the High Court, to adhere to the orders issued by the Supreme Court. The High Court was reminded of its duty to obey the law of the land and not to question or avoid decisions made by the Supreme Court.

Final Verdict:
The Supreme Court set aside the High Court's order and instructed all records to be sent back to the High Court for further proceedings. The parties involved were directed to appear before the Registrar on a specified date for further court proceedings as assigned by the Chief Justice. The Supreme Court emphasized the need for the High Court to frame issues based on the relevant paragraphs of the Election Petition and to conduct a fair and thorough examination of the case before submitting its findings to the Supreme Court for final adjudication.