LOKNATH PADHAN versus BIRENDRA KUMAR SAHU

LOKNATH PADHAN versus BIRENDRA KUMAR SAHU

In view of the dissolution of the Orissa Legislative Assembly, the question of the respondent's disqualification under section 9A of the Representation of the People Act has become wholly academic, as invalidating the election would have no practical consequence. The appeal therefore should not be heard on merits and is dismissed as infructuous.

Parties
Appellant: Loknath Padhan; Respondent: Kumar Sahu
Jurisdiction
India
Judgment Date
16 January 1974
Procedural Posture
Civil Appeal / Appeal From Orissa High Court Judgment and Order Dated 1st February 1972 in Election Petition No. 3 of 1971
Outcome
Appeal dismissed as infructuous; no order as to costs.
Legal Topics
Disqualification of Candidates Under Representation of the People Act, Effect of Legislative Dissolution on Pending Election Appeals
Election Law Constitutional Law Disqualification of Candidates Under Representation of the People Act Effect of Legislative Dissolution on Pending Election Appeals

Case Brief

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Parties

Loknath Padhan

Appellant

Kumar Sahu

Respondent

Procedural Posture

Civil Appeal / Appeal From Orissa High Court Judgment and Order Dated 1st February 1972 in Election Petition No. 3 of 1971

Legal Issues

  1. 1 Whether the dissolution of the State Legislative Assembly renders the pending election appeal infructuous
  2. 2 Whether the respondent was disqualified under section 9A of the Representation of the People Act, 1951, at the date of nomination

Ratio Decidendi

In view of the dissolution of the Orissa Legislative Assembly, the question of the respondent's disqualification under section 9A of the Representation of the People Act has become wholly academic, as invalidating the election would have no practical consequence. The appeal therefore should not be heard on merits and is dismissed as infructuous.

Court Disposition

Appeal dismissed as infructuous; no order as to costs.