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2005 Supreme(SC) 1944

R. C. LAHOTI, D. M. DHARMADHIKARI, P. K. BALASUBRAMANYAN
Mundrika Singh Yadav – Appellant
Versus
Shiv Bachan Yadav – Respondent


ORDER :

R.C. Lahoti, CJI.

An election petition under Sections 80 and 80-A of the Representation of the People Act, 1951 filed by the appellant was dismissed by the High Court. A perusal of the judgment of the High Court shows that the appellant had sought for the relief of re-count of ballot papers. The High Court on trial found a case in that regard having not been made out. The election to the Bihar State Legislative Assembly forming subject-matter of the election petition was held in the year 2000. The term of the Legislative Assembly is over. Fresh elections are being held. No relief can be allowed to the appellant in this appeal even if this appeal is allowed. The appeal is rendered infructuous and is dismissed accordingly.

2. No order as to the costs.

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