Ghubaya moves HC to stay poll plea proceedings

Fazilka, April 10

Congress MLA Davinder Singh Ghubaya has filed a fresh application in the Punjab and Haryana High Court under Section 151 of CPC for staying proceedings of election petition — Surjit Kumar Jyani versus Davinder Singh — till the final decision of civil suit Davinder Singh versus DAV Model School, Sector 15, Chandigarh, and others. Davinder has pleaded that both cases are of the same nature.

Ghubaya has pleaded that the case Davinder Singh vs DAV School is pending in the court. The suit was filed for declaration to the effect that the date of birth of Ghubaya, who is respondent in the election petition filed by Jyani, was December 31, 1991, and for mandatory injunction directing the defendant (DAV School and others) to correct the above said date in the record. Notably, July 31, 1993, has been mentioned as date of birth of Ghubaya in DAV School record.

On Jyani’s request, the court allowed him to be arrayed as defendant in the civil suit on February 1, 2018. Ghubaya has pleaded that Jyani, who is petitioner in the election petition, raises the same issue that is the issue of date of birth of respondent (Ghubaya), therefore, the election petition is required to be stayed till the adjudication of the civil suit. — OC