MLA Rana Gurjeet Singh ‘avoids’ HC summons, told to deposit Rs 25K

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Jalandhar, November 2

The Punjab and Haryana High Court has asked Kapurthala Congress MLA Rana Gurjeet Singh to deposit Rs 25,000 as costs for avoiding to receive summons issued by it.

The orders have been issued in connection with an Election Petition No. 4 filed earlier this year by his political rival and AAP candidate from Kapurthala Manju Rana. Since the MLA had not received the summons on multiple occasions, the court had on August 23 decided to proceed against him ex-parte after which he moved an application under Section 151 of the CrPC for setting aside the order.

The counsel for Rana Gurjeet had claimed his client was out of country from April 22 to May 7 and from June 9 to July 14. Again from July 22 to 31, he was in Dubai and hence summons could not be served to him personally. The counsel further said he was residing at Chandigarh and on August 3, 5, 16 and 17, he did not visit his office situated at Kapurthala and as a result could not check e-mail as well as Whatsapp messages.

He also contended that non-appearance on August 23 was not intentional and rather beyond his control and as such when he came to know about the ex-parte proceedings, he immediately presented an application on September 9.

The counsel for petitioner said summons were duly sent on various occasions to the applicant but he refused to accept them. It was also submitted that respondent was also served through Whatsapp as well as e-mail, but he did not choose to appear on August 23 and as a result thereof, he was rightly proceeded ex-parte. The petitioner submitted that she has no objection for setting-aside the ex-parte proceedings, but since the respondent deliberately avoided appearance; therefore, he be burdened with heavy costs.

The court of Justice Mahabir Singh Sindhu observed the respondent was well aware about the pendency of the present petition, but he had deliberately chosen not to appear and was hence proceeded against ex-parte. The copy of the order reads, “The respondent refused to accept the summons on two occasions on August 3 and 16 for the reasons best known to him. Office reports also revealed that process server tried to serve the applicant through his PA Manpreet Singh, but he also refused to accept the summons on August 17 and ultimately copies of the same were sent to respondent through his Whatsapp as well as e-mail on that very day. There remains no doubt that the applicant was well aware about the pendency of the present election petition, but he deliberately refused to accept the summons and avoided proceedings without any valid reason. The plea raised by applicant-respondent to the effect that he did not visit his office and could not check the e-mail as well as Whatsapp messages is an after-thought; hence, rejected.”

The order further reads, “It is quite elementary that in such like cases, no one should be condemned unheard, but at the same time this court cannot ignore the important aspect that the respondent is a lawmaker and as such instead of refusing to accept the summons, he ought to have respected the process of law as a role model to the society. Consequent upon the discussion and in the interest of justice, present application is allowed and order dated August 23 thereby proceeding the applicant as ex-parte is set aside and he is allowed to join the proceedings.”

It was ordered, “However, as an indication to follow the rule of law, the respondent is burdened with costs of Rs 25,000. Costs be deposited with ‘Poor Patients Welfare Fund, PGIMER, Chandigarh’ before the next date of hearing on November 4.