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2024 Supreme(P&H) 337
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Davinder Kumar Sandhu - Petitioner
Versus
Gurpratap Singh - Respondent
EP-2 of 2017 (O&M)
Decided on : 12-01-2024
For the Appellant :Mr. M.S.Sachdev, Advocate
For the Respondent:Mr. Vikas Singh and Mr. A.S.Pannu and Ms. Anamika Sheoran, Advocates
IMPORTANT POINT
An election petition challenging the election of a member becomes infructuous upon the expiration of the term of the Legislative Assembly, as established by binding Supreme Court precedents.
Headnote:
ELECTION LAW - ELECTION PETITION INFRINGEMENT - The court determined that the election petition challenging the election of the respondent had become infructuous due to the expiration of the Punjab Legislative Assembly's term, referencing binding Supreme Court precedents that support this conclusion.
Fact of the Case:
The petitioner challenged the election of respondent Gurpratap Singh from March 2017, but the term of the Punjab Legislative Assembly ended in February 2023, and the petitioner was unsuccessful in the subsequent elections.
Finding of the Court:
The court found that the election petition had become infructuous due to the end of the Legislative Assembly's term, supported by Supreme Court rulings that dismissed similar petitions on the same grounds.
Issues: Whether the election petition challenging the respondent's election is still valid despite the expiration of the Legislative Assembly's term.
Ratio Decidendi: The court held that the expiration of the Legislative Assembly's term renders the election petition infructuous, following the precedent set by the Supreme Court.
Result: The petition was dismissed as having been rendered infructuous, along with the disposal of any pending miscellaneous applications.
JUDGMENT :
ANIL KSHETARPAL, J.
1. Admittedly, the term of the Punjab Legislative Assembly came to an end in February, 2023. Thereafter, the fresh elections were conducted and a new house has been constituted and the petitioner was also not successful in the elections held in February, 2023.
2. In the present election petition, the election of the respondent-Gurpratap Singh held in March, 2017 was challenged. The case is still at the stage of decision on an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 filed by the petitioner. Learned counsel representing the respondent submits that the present election petition has become infructuous in view of the fact that the tenure of the Legislative Assembly has come to an end.
3. On the other hand, the learned counsel representing the petitioner submits that such matter does not become infructuous merely because the term of elected members is over. He relies upon the following judgments:-
i) Ajit Prasad Narayan Singh vs. Smt. Nandini Satpathy 1975 AIR (Orissa) 184
ii) Smt Anita vs. Election Tribunal/Addl. District Judge Court no.2 Muzaffarnagar and another RCR (Civil) 324.
4. On the other hand, the learned counsel representing the respondent has brought to the notice of the Court two different orders passed by the Supreme Court in Kashi Nath Mishra vs. Vikramaditya Pandey and others 1998(8) SCC 735 and Mundrika Singh Yadav vs. Shiv Bachan Yadav and others 2005 (12) SCC 211.
5. On a careful reading of the orders passed by the Supreme Court, it is evident that the court dismissed the petitions or the appeal on the ground that the terms of Legislative Assembly is over. The judgment passed by the Supreme Court is binding. Hence, the present petition is dismissed as having been rendered infructuous.
6. All the pending miscellaneous applications, if any, are also disposed of.
Petition dismissed.
