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Jastha Venkateswara Rao Vs. Oggu Chinna Basava Reddy and ors. - Court Judgment

LegalCrystal Citation
SubjectElection
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1095 (NCE) of 1980
Judge
Reported in1984Supp(1)SCC398
AppellantJastha Venkateswara Rao
RespondentOggu Chinna Basava Reddy and ors.
Excerpt:
- [ a.n.sen and; ranganath misra, jj.] -- election — infructuous appeal — appellant elected in by-election but high court setting aside his election and debarring him for six years on charge of corrupt practice — in spite of conditional stay of high court's order granted by supreme court, appellant not contesting in general election -- the by-election was held on january 7, 1979. it appears that after the appeal had been preferred, this court granted conditional stay of the operation of the judgment. by the time next election is held the disqualification imposed on the appellant would have lapsed. we, therefore, do not propose to go into the merits of this appeal and accordingly we direct disposal of the appeal without examination on merit......of andhra pradesh in an election dispute appears to have become infructuous. the by-election was held on january 7, 1979. the high court by its judgment set aside the election on the ground that the elected candidate had indulged in corrupt practices and further directed that the appellant who was the returned candidate would be debarred from contesting any election for a period of six years from that date.2. it appears that after the appeal had been preferred, this court granted conditional stay of the operation of the judgment. the general election to the assembly has been held in the mean time on january 5, 1983. the appellant in spite of the order of stay granted by this court has not been in a position to contest the said election. in the normal course there is no possibility of.....
Judgment:

A.N.Sen and; Ranganath Misra, JJ.

1. This appeal from a judgment of the High Court of Andhra Pradesh in an election dispute appears to have become infructuous. The by-election was held on January 7, 1979. The High Court by its judgment set aside the election on the ground that the elected candidate had indulged in corrupt practices and further directed that the appellant who was the returned candidate would be debarred from contesting any election for a period of six years from that date.

2. It appears that after the appeal had been preferred, this Court granted conditional stay of the operation of the judgment. The general election to the Assembly has been held in the mean time on January 5, 1983. The appellant in spite of the order of stay granted by this Court has not been in a position to contest the said election. In the normal course there is no possibility of any election being held before 1988. By the time next election is held the disqualification imposed on the appellant would have lapsed.

3. In that view of the matter we are satisfied that the appeal has become academic and from that point of view really infructuous. We, therefore, do not propose to go into the merits of this appeal and accordingly we direct disposal of the appeal without examination on merit. It is made clear again that we have not gone into the merits of the appeal in view of the fact that appeal has otherwise become infructuous. There will be no order as to costs.


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