IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11234 of 2009 BIRBAL YADAV Versus THE STATE OF BIHAR & ORS ----------- 2. 01. 09. 2009. Heard. Election Case No. 6 of 2006 had been filed by the petitioner against the returned candidate who is Respondent No. 4. It is submitted that all the witnesses on behalf of the plaintiff has been examined and his case was closed on 15. 01. 2008. Thereafter, since 28. 01. 2008, the case is running on the list for defence witnesses. Some witnesses on behalf of the defence have been examined. They are deliberately delaying the final conclusion of the trial and only seeking adjournments and willing to pay the cost for adjournments, but not to co- operate with the case. Three years have since been lapsed. The writ application is disposed of with a direction to Respondent No. 2, the Election Tribunal, Araria, constituted under Bihar Panchayat Raj Act, 2006, to see that the aforesaid election case is not dragged unnecessarily due to non- cooperation of Respondent No. 4, Kuldip Singh. If Respondent No. 4, Kuldip Singh is not interested in defending his case, then no adjournment should be given at any cost and the case be tried on day to day basis which must be concluded within a reasonable time preferably by the year end. SKBOSE (Ajay Kumar Tripathi) 2