1. Election petition dismissed by High Court — Relief of re-count of ballot papers sought. (Para 1 )
Back
Next 
2005 Supreme(SC) 1944
SUPREME COURT OF INDIA
R.C. Lahoti, CJI., D.M. Dharmadhikari, P.K. Balasubramanyan, JJ.
Mundrika Singh Yadav - Appellant
Versus
Shiv Bachan Yadav and Others - Respondents
Civil Appeal No. 8418 of 2003
Decided On : 22-02-2005
An appeal seeking relief in an election petition becomes infructuous and cannot be granted once the term of the legislative assembly for which the election was held has expired.
Headnote:(A) Representation of the People Act, 1951 - Sections 80 and 80-A - Election petition - Relief of re-count of ballot papers - Appeal against dismissal of petition - Term of the Legislative Assembly expired - Appeal rendered infructuous - No relief granted. (Para 1)
Facts of the case:
An election petition seeking the re-count of ballot papers was dismissed by the High Court upon finding that a case for such relief had not been made out. The election in question was held in the year 2000. By the time of the appeal, the term of the Legislative Assembly had expired and fresh elections were being held.
Findings of Court:
The court found that since the term of the Legislative Assembly for which the election was held has ended, no relief can be granted to the appellant even if the appeal were to be allowed.
Issues: Whether relief can be granted in an appeal arising from an election petition when the term of the concerned Legislative Assembly has expired.
Ratio Decidendi: An appeal arising from an election petition is rendered infructuous when the term of the legislative body expires and fresh elections are conducted, as no practical or effective relief can be provided to the appellant.
Result: Appeal is rendered infructuous and is dismissed.
Legal Category Hierarchy
Table of Contents
2. Appellant sought re-count of ballot papers; High Court found no case made out. (Para 1 )
3. High Court found no case for re-count. Term of Legislative Assembly over; fresh elections held. (Para 1 )
4. Appeal rendered infructuous when election term expires and fresh elections held. (Para 1 )
5. Appeal dismissed as infructuous. No order as to costs. (Para 1 , 2 )
6. When does an election appeal become infructuous?
An election appeal becomes infructuous when the term of the legislative assembly is over and fresh elections have been held. (Para 1 )
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.
