IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2883 of 2010 1. BIRBAL YADAV S/O LATE MAHABIR YADAV R/O VILL.- BELSARA, ANCHAL & P.S.- RANIGANJ, DISTT.- ARARIA Versus 1. THE STATE OF BIHAR 2. THE ELECTION TRIBUNAL ARARIA, CONSTITUTED UNDER BIHAR PANCHAYAT ACT, 2006 3. THE ELECTION OFFICER, ANCHAL- RANIGANJ, P.S. RANIGANJ, DISTT.- ARARIA 4. KULDIP SINGH S/O TIRTH NAND SINGH R/O VILL.- BELSARA, ANCHAL & P.S.- RANIGANJ, DISTT.- ARARIA ----------- 2 10.3.2010 Petitioner has a very limited grievance. In the year 2006, he filed Election Case no. 6 of 2006 as against the winning candidate, respondent no.4. On 15.1.2008, election petitioner’s evidence was closed and since 28.1.2008 the case is running for list of defence witnesses . Petitioner tried to persuade the election tribunal to expedite the hearing but finding election tribunal reluctant to take immediate steps thus permitting respondentno.4 to continue to function, the election petitioner filed C.W.J.C.NO.11232/09 before this Court, which was disposed of by order dated 1.9.2009 clearly directing the election tribunal to try the case on day to day basis so as to conclude the same by the end of the year i.e. by 31st December, 2009. Learned counsel for the petitioner submits that the election tribunal refused to take cognizance of the order of this Court ,as passed earlier, on the ground that this Court had not officially communicated the order to the election tribunal. If what is submitted is correct then I have my serious doubt about the competency of the election tribunal but what one cannot dispute is that though the trial had - 2 - to be conducted day to day and concluded by the end of the year, defence witnesses have not been examined in full so much so Court is entertaining new list of defence witnesses after the plaintiff’s witnesses have been examined, which is not permissible. Be that as it may, I direct the election tribunal i.e. Munsif, Araria, to take up the trial on day to day basis and conclude the trial by 30th of April, 2010, failing which it shall be open to the petitioner to bring this fact to the notice of this Court for appropriate action against the election tribunal , as may be deemed fit and proper. With the above observations and directions, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)