Davinder Kumar Sandhu vs Gurpratap Singh
2024 Latest Caselaw 688 P&H

Punjab-Haryana High Court

Davinder Kumar Sandhu vs Gurpratap Singh on 12 January, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                   Neutral Citation No:=2024:PHHC:004560




                                        2024:PHHC:004560

131 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        EP-2-2017 (O&M)
                                        Date of decision: 12.01.2024

Davinder Kumar Sandhu
                                               ....Petitioner

            Versus


Gurpratap Singh
                                              ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL


Present:-   Mr. M.S.Sachdev, Advocate for the petitioner

            Mr. Vikas Singh and
            Mr. A.S.Pannu and
            Ms. Anamika Sheoran, Advocates for the respondent


ANIL KSHETARPAL, J (Oral)

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

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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.

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6. All the pending miscellaneous applications, if any, are

also disposed of.

12.01.2024                                   (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2024:PHHC:004560

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