D.P.S.CHOUHAN
Pawan Diwan – Appellant
Versus
Shri Vidya Charan Shukla – Respondent
1. Pawan Diwan, the petitioner in the present election petition, having lost the battle of ballots as against Shri Vidya charan Shukla (Respondent No.1) in the general elections for parliament held on 22nd November, 1989 from Mahasamund Parliamentary Constituency No. 18, has challenged his election seeking following reliefs :-
"(1) The Returning Officer of Mahasamund Parliamentary Constituency be ordered to produce for re-counting all the votes and ballot papers of that constituency and after independent re-counting, the petitioner be declared as duly elected from that Constituency.
(2) The declaration of respondent No. 1 as the duly elected candidate from Mahasamund Parliamentary Constituency in the last election be declared void.
(3) Such other relief as the Court thinks fit may also kindly be granted." The petitioner was a candidate at the said election sponsored by Congress-I political party whereas the respondent No.1 was the candidate sponsored by Janta Dal political party.
2. The controversy in the present petition, as survives, is in a circumscribed limit on account of subsequent developments whereover parties are not at vanance :
Parliament as constituted after ge
1. Sheoden Singh v. Mohan Lal Gautam = (AIR 1969 SC 1024)
2. Moti Ram v. Param Dev = (AIR 1993 SC 1662)
3. Loknath Padhan v. Birendra Kumar Sahu = (AIR 1974 SC 505 - Paragraph 4)
4. Dhadtipakar Madan Lal Agrawal v. Shri Rajiv Gandhi = (AIR 1987 SC 1577)
8. State of Bombay v. Purushottam Jog Naik = (AIR 1952 SC 317)
10. Barium Chemicals Ltd. v. Company Law Board = (AIR 1967 SC 295)
11. Again in A.K.K. Nambiar v. Union of India = (AIR 1970 SC 652)
12. Hari Vishnu Kamath v. Ahmad Ishaqua & others = (AIR 1955 SC 233)
7. V.K. Sakhiecha v. Jagjiwan = (1973 JLJ 6 AIR 1974 SC 1957)
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