TMI Blog1983 (10) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... ments made in paragraph 29 and 36, in the facts and circumstances of this case is a logical sequel to the view taken by this Court in the first round by the order of this Court dated 22nd January, 1981 in an earlier proceeding between the same parties arising out of the same election petition. Mr. Ashok Sen with his usual fairness reduced the scope of this case by conceding that he would only press for framing of issues in the context of allegations incorporated in paragraphs 29 and 36 of the Election Petition which were originally struck off by the High Court, but restored by this Court as that part of the High Court order was set aside by this Court's order dated 22nd January, 1981. We, therefore, send the case back to the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Election Petition. The only liberty given to the learned judge was to frame appropriate issues in a particular manner after consider ing the facts in these paragraphs. We do not find any force in the argument of Mr. Hardev Singh' that this Court had given the option to the learned judge either to frame the issues or refuse to frame issues. When the Supreme Court had in terms reversed the decision of the High Court and restored the paragraphs, the Supreme Court had not done this as an exercise in futility without any purpose for namesake. We are greatly distressed to note that the learned High Court judge while considering the matter after remand has made certain observations which are totally subversive of judicial discipline. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the averments in these paragraphs. 4. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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