Adjudication of Election petitions

Timely decisions were not being taken by the Election Tribunals; because, inter alia, Election Tribunals were ordinarily presided by Judges of the High Courts who remain unable to conclude matters expeditiously on account of their other judicial commitments, or because of delaying tactics employed by respondents who, having been declared as returned candidates, enjoyed the status of Members of the National or Provincial Assemblies

Such delays in disposal of election petitions before the Tribunal in fact deprived a large number of electors of the constituency to have their due representation in the elected Houses, particularly in those matters where a whole term had been enjoyed by a winning candidate, who may later turn out to be disqualified on any count

Such delay caused the people of constituency to be represented by a person who was not duly elected, which clearly negated the principle of a democratic system of Government

Wisdom existed in fixing the period for decision of such cases, namely, that there should be no uncertainty for the persons, who had been elected or who had challenged the election before the Tribunal or the Court and after expeditious disposal of the same and such persons should consume all their energies for the welfare of the people whom they represent, instead of wasting time in pursuing such matters before the Courts

Mandatory requirement of the Representation of the People Act, 1976 was that the Election Tribunal shall proceed with the trial of the election petition on a day-to-day basis and the decision thereof shall be taken within four months from its receipt as provided under S.67(1A) of the Act

Legal duty had, therefore, been cast upon the Election Tribunal to reach a conclusion expeditiously by following stringent/coercive measures of imposing a cost and assigning the reasons if cases were adjourned by the Tribunal and to such end, the Tribunal was even empowered to declare that a returned candidate who was delaying the proceedings of the Tribunal; ceased to be a member of the Parliament/Provincial Assembly, either till the conclusion of the proceedings or for such period as the Tribunal may direct

Provisions of S.67(1A) of the Representation of the People Act, 1976 were therefore mandatory in nature and entailed penal consequences for non-compliance.