Pratibha Chauhan v. State Election Commission

Delhi High Court · 26 Nov 2019 · 2019:DHC:6343-DB
D. N. Patel; C. Hari Shankar
LPA 739/2019
2019:DHC:6343-DB
constitutional appeal_dismissed

AI Summary

The Delhi High Court dismissed the Letters Patent Appeal challenging an adjournment order, holding such orders are not appealable and the proper remedy is to seek an earlier hearing date before the Single Judge.

Full Text
Translation output
LPA 739/2019
HIGH COURT OF DELHI
Date of Decision: 26th November, 2019
LPA 739/2019 and CM Nos. 50897, 50898/2019
PRATIBHA CHAUHAN ..... Appellant
Through: Mr. Aseem Mehrotra, Adv.
VERSUS
STATE ELECTION COMMISSION & ORS..... Respondents
Through: Mr. Sumeet Pushkarna, SC with Mr. Devanshu Lahiry, Adv. for R-1 and 2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 26.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM Nos. 50897/2019 and 50898/2019 (exemptions)
JUDGMENT

1. Exemptions allowed, subject to all just exceptions.

2. The applications are disposed of.

1. The appellant herein is the original respondent no.1 in W.P.(C) 8043/2018.

2. The impugned order passed by the learned Single Judge on 5th November, 2019 is as under: “List on 16th April, 2020. 2019:DHC:6343-DB Interim order to continue.”

3. Against the aforesaid order of adjournment, the present Letters Patent Appeal has been preferred which is not tenable in law. As the W.P.(C) 8043/2018 has been adjourned to 16th April, 2020, learned counsel for the appellant (original respondent no.1) can always mention the matter before the learned Single Judge for preponing the date of hearing.

4. With these observations, this Letters Patent Appeal is hereby dismissed.

CHIEF JUSTICE C.HARI SHANKAR, J. NOVEMBER 26, 2019