1. Election petition challenging candidate's election based on improper vote counting — Recount resulting in the setting aside of the election. (Para 1 )
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2000 Supreme(SC) 131
2000(8) Supreme 12
SUPREME COURT OF INDIA
Dr. A.S. Anand, CJI., S. Rajendra Babu & R.C. Lahoti, JJ.
Romesh -Appellant
versus
Ramesh K. Rana & Ors. -Respondents
Civil Appeal No. 2718 of 1999
Decided on 18-1-2000
An election petition challenging the result based on improper vote counting, where no corrupt practices are alleged, becomes infructuous and ceases to survive for consideration upon the dissolution of the respective Legislative Assembly.
Headnote:Election Law-Petition challenging election of appellant to Legislative Assembly-Order for recounting of votes passed by Designated Judge-Election of appellant set aside and respondent No. 1 was declared duly elected-Appeal-Legislative Assembly in meanwhile dissolved-Since there were no allegations of commission of corrupt practice, nothing survived for consideration. (Para 3)
Legal Category Hierarchy
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constitutional law
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election law
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election petitions
- effect of dissolution of assembly (Para 3)
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election petitions
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election law
Table of Contents
2. Submission that the dissolution of the Legislative Assembly renders the appeal infructuous as no corrupt practices were alleged. (Para 3 )
3. The court found that since no corrupt practices were alleged, the dissolution of the Legislative Assembly left nothing further for consideration in the appeal. (Para 3 )
4. An election appeal based on vote counting, without allegations of corrupt practices, becomes infructuous upon the dissolution of the legislative assembly. (Para 3 )
5. Appeal dismissed and consigned to records. (Para 3 )
6. Whether an election appeal survives the dissolution of the Legislative Assembly?
An election appeal does not survive the dissolution of the Legislative Assembly if the challenge was based on improper reception or rejection of votes and did not involve allegations of corrupt practices. (Para 3 )
ORDER
The appellant was the returned candidate at the elections held to the Haryana Legislative Assembly. He was declared elected from 15 Gharaunda Constituency on 10th of May, 1996. The election of the appellant was challenged through an Election Petition filed by respondent No. 1. There were no allegations of commission of any corrupt practice. The challenge was based on alleged improper reception and/or rejection of votes. By an order dated 18th February 1999, the request of respondent No. 1 for recount of votes polled at the elections was accepted and certain directions were issued by the learned Designated Judge in the High Court of Punjab and Haryana. An order was made for recount of the votes by the learned Designated Judge under the supervision and control of the District Judge (Vigilance), Punjab. After the recount, the election of the appellant was set aside and respondent No. 1 was declared duly elected. This appeal is by the aggrieved appellant.
2. We have refrained from referring to the pleadings of the parties or the issues framed in the case because of the developments which have subsequently taken place.
3. On 14th of December, 1999, the Haryana Legislative Assembly has been dissolved. Learned Counsel for the appellant rightly submits that since there were no allegations of commission of any corrupt practice, with the dissolution of the Haryana Legislative Assembly, nothing further survives for consideration, at this point of time, insofar as this appeal is concerned. We agree. The appeal is hereby, dismissed and the same is consigned to records. No costs.
Appeal dismissed.
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Parallel Citations of other Journals :
Romesh v. Ramesh K. Rana & Ors., 2000(8) Supreme 12
00018
