Madhya Pradesh High Court Rebukes Sub Divisional Officer Over Handwritten, Illegible Orders Passed In Election Petition

In a petition challenging concerned Sub-divisional Officer's order which closed the litigant's right to produce witnesses in an election case, the Indore bench of the Madhya Pradesh High said that the SDO had taken the judicial proceedings in a "casual manner" after noting that the officer's handwritten order sheets were "absolutely illegible". 

The court thus directed the SDO not to treat judicial proceedings conducted by him casually in future and ensure that order sheets are legible. 

Justice Pranay Verma in his order said, "The order-sheets of respondent No.5 (SDO) are handwritten and are absolutely illegible. It is very difficult to make out even the words which have been written therein. The proceedings before respondent No.5 are judicial proceedings which are subject to scrutiny by the higher authority. However, it is apparent that they are being proceeded with in a very casual manner by respondent No.5. Even for the purpose of this petition, it is very difficult to read the impugned order. Respondent No.5 is hence directed not to treat the proceedings so casually and to take the same in proper earnest and to ensure that the order-sheets which are recorded in the case are legible.”

The court was hearing a writ petition by Sanjay Maliwal challenging an order by the Sub-divisional Officer of Dhar district (Respondent No.5), where Maliwal's right to produce witnesses in support of the case was closed.

As per the facts, Respondent No. 1 Kavita Thakur had filed an election petition against Maliwal before SDO questioning Maliwal's election. As a response the petitioner provided a list of 17 witnesses out of which 3 were government officials and 14 were private individuals. But the SDO passed an order closing the petitioner's right to lead evidence.

The high court said, "From perusal of the record, it is observed that there have been various proceedings which cannot be reconciled with each other. At one place it appears that the petitioner has been negligent in examination of his witnesses and on the other, it appears that respondent No.5 has not carried out proceedings in a judicial manner". 

The court however said that in order to do complete justice between the parties and to ensure that the case is decided after affording full opportunity to the petitioner to adduce evidence, the court directed that "petitioner shall appear along with all the private individuals who are his witnesses" before SDO between February 25 and March 1. It said that whichever witness appears they would be examined and cross-examined. 

The court further stated that if now the witnesses do not appear, then opportunity for their examination or cross examination will be granted. 

It directed the SDO to issue fresh summons to the three official witnesses who shall be examined and cross-examined on the date.The petition was disposed off with the directions. 

Case Title: Sanjay Maliwal vs. Kavita Thakur and Ors.