MOTI RAM versus PARAM DEV AND ANR.

MOTI RAM versus PARAM DEV AND ANR.

The office of Chairman, Himachal Pradesh Khadi and Village Industries Board, is relinquished unilaterally; resignation takes effect upon communication to the Head of Department in Government. On date of scrutiny, Karam Singh was not holding office of profit; his nomination was improperly rejected, and appellant's election rightly set aside. Pending appeal is not academic even after Assembly's dissolution as financial consequences remain.

Parties
Appellant: Motiram; Respondent: Param Dev; Respondent: Another (unspecified, as in 'Param Dev and Anr.')
Jurisdiction
India
Judgment Date
05 March 1993
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 3.6.1991 of the Himachal Pradesh High Court in Election Petition Nos. 1 & 2 of 1990
Outcome
Appeal dismissed
Legal Topics
Effect of Dissolution of Legislative Assembly on Pending Election Appeal, Rejection of Nomination, Office of Profit, Resignation and Its Effectiveness Under Statutory Scheme
Election Law Administrative Law Effect of Dissolution of Legislative Assembly on Pending Election Appeal Rejection of Nomination Office of Profit Resignation and Its Effectiveness Under Statutory Scheme

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Parties

Motiram

Appellant

Param Dev

Respondent

Another (unspecified, as in 'Param Dev and Anr.')

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 3.6.1991 of the Himachal Pradesh High Court in Election Petition Nos. 1 & 2 of 1990

Legal Issues

  1. 1 Whether dissolution of the Himachal Pradesh Legislative Assembly renders the appeal academic
  2. 2 Whether the rejection of nomination of Karam Singh as candidate was proper under Representation of the People Act, 1951
  3. 3 When does resignation from office of Chairman, Himachal Pradesh Khadi and Village Industries Board, take effect under the statutory scheme

Ratio Decidendi

The office of Chairman, Himachal Pradesh Khadi and Village Industries Board, is relinquished unilaterally; resignation takes effect upon communication to the Head of Department in Government. On date of scrutiny, Karam Singh was not holding office of profit; his nomination was improperly rejected, and appellant's election rightly set aside. Pending appeal is not academic even after Assembly's dissolution as financial consequences remain.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed; no order as to costs