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SUPREME COURT OF INDIA
K. Ramaswamy, K. S Paripoornan, S. P Bharucha
KASHI NATH MISHRA, APPELLANT
Versus
VIKRAMADITYA PANDEY AND OTHERS, RESPONDENTS.
Civil Appeal No. 4900 of 1992,
decided on March 14, 1996.
Election Petition - Representation of the People Act, 1951 - The court dismissed the appeal challenging the election of the second respondent to the U.P. Legislative Assembly as the term of the Assembly had expired and another election had been held.
Fact of the Case:
The appellant challenged the election of the second respondent to the U.P. Legislative Assembly from the 227 Ballia Assembly Constituency in District Ballia.
Finding of the Court:
The election petition was dismissed as the term of the Assembly had expired and another election had been held.
Issues: Challenge to election, expiry of Assembly term, infructuous appeal
Ratio Decidendi: The appeal became infructuous due to the expiry of the Assembly's term and the holding of another election.
Final Decision: The appeal was dismissed as it had become infructuous. No costs were awarded.
ORDER
1. This appeal arises from Election Petition No. 4 of 1991 filed under Section 81 of the Representation of the People Act, 1951. The appellant had challenged the election of the second respondent to the U.P. Legislative Assembly from the 227 Ballia Assembly Constituency in District Ballia. The election petition was dismissed. The term of the Assembly has expired by efflux of time; thereafter, another election has been held and another Assembly constituted.
2. Under these circumstances, the appeal having become infructuous is dismissed. No costs.
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