Rihana v. State of U.P.

Supreme Court of India · 24 Oct 2016
Kurian Joseph; Rohinton Fali Nariman
Civil Appeal No. 10313 of 2016
constitutional appeal_allowed Significant

AI Summary

The Supreme Court directed the Election Tribunal to dispose of a pending Election Petition within four months, emphasizing adherence to the statutory six-month disposal period and clarifying jurisdictional limits of the High Court.

Full Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10313 OF 2016
[@ SPECIAL LEAVE PETITION(C)NO. 31191 OF 2016 ]
[@CC NO. 19832 OF 2016]
SMT. RIHANA … APPELLANT(S)
VERSUS
STATE OF U.P. AND ORS. … RESPONDENT(S)
JUDGMENT
KURIAN, J.
Leave granted.
The appellant approached the High Court praying for expeditious disposal of the Election Petition No. 13 of
2015 pending before the District Magistrate, Dist.-Hasanpur, Amroha. The High Court declined the prayer, holding that it did not have jurisdiction to deal with the subject matter. The Election Petition is to be disposed of within a period of six months as per the statutory mandate.
Since the Election Petition has been pending for more than 6 months, we direct the Tribunal to dispose of the
Election Petition pending before it within a period of four months from the date of receipt of this order.
The appeal is disposed of in the afore-stated terms.
….....................J.
[KURIAN JOSEPH]
….....................J.
[ROHINTON FALI NARIMAN]
New Delhi;
October 24, 2016.