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Election LawSupreme Court of India

Mohd. Akbar v. Ashok Sahu & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 2538-40 of 2015)Decided 27 Feb 2015
Civil Appeal Nos. 2538-40 of 2015
Justice J. Chelameswar · Justice Rohinton Fali Nariman

Background

Mohd. Akbar, the runner-up candidate in the 2013 Chhattisgarh Legislative Assembly election from the Kawardha constituency, filed an election petition in January 2014 challenging the winning candidate's election on grounds including alleged corrupt practices. More than 15 months later, the Chhattisgarh High Court still had not begun the actual trial of the petition: it was repeatedly adjourned over preliminary applications, a change of judge (after the opposing side's counsel turned out to be the brother of the judge originally hearing the case, prompting that judge's recusal), and a late, seemingly tactical change of counsel. Akbar approached the Supreme Court complaining that this violated Section 86(7) of the Representation of the People Act, which requires election petitions to be tried as expeditiously as possible, ideally within six months.

Decision Breakdown

The Supreme Court did not rule on the merits of the underlying election dispute, which was never the question before it: it only addressed the delay. It explained why speedy resolution of election petitions matters (a short legislative tenure means an invalidly elected member could otherwise serve out most or all of their term before any wrongdoing is even established) and criticised the pattern of prolonged, tactics-driven delay common in such cases. The Court directed the Chief Justice of the High Court to take necessary steps to expedite disposal of this specific election petition, and more generally recommended that High Courts set up dedicated benches so that judges assigned to election petitions are not burdened with other work until those petitions are resolved. It also recorded its disapproval of the respondents' tactic of engaging a counsel whose appearance was bound to put the presiding judge in an awkward position. With these directions, the appeals were disposed of.

Lesson Learnt

Election petitions are meant to be resolved quickly because a short legislative term can otherwise run out before a wrongly elected candidate is ever held accountable, and the Supreme Court can and will step in to push for expedited hearing when a High Court's own process (through adjournments, procedural wrangling, or tactical maneuvering by a party) causes unacceptable delay, even without touching the merits of the underlying dispute.

Mohd. Akbar v. Ashok Sahu & Ors. – Legal Case Shots | LegalAware