SHEODHAN SINGH versus MOHAN LAL GAUTAM

SHEODHAN SINGH versus MOHAN LAL GAUTAM

An election petition does not abate upon the dissolution of the Legislative Assembly, and the presentation by an advocate's clerk in the immediate presence of the petitioner satisfies the legal requirement for presentation. The contest in an election petition is between the constituency and the complained persons,...

Source-derived case information.

Parties
Appellant: Sheodhan Singh; Respondent: Mohan Lal Gautam
Jurisdiction
India
Judgment Date
24 January 1969
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed with costs
Legal Topics
Election Petition Abatement, Presentation of Election Petition, Corrupt Practices, Representation of the People Act
Election Law Election Petition Abatement Presentation of Election Petition Corrupt Practices Representation of the People Act

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Summary, issues, holding and outcome

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Parties

Sheodhan Singh

Appellant

Mohan Lal Gautam

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether an election petition abates upon dissolution of the legislature
  2. 2 Whether presentation by an advocate’s clerk in petitioner’s presence is proper presentation

Ratio Decidendi

An election petition does not abate upon the dissolution of the Legislative Assembly, and the presentation by an advocate's clerk in the immediate presence of the petitioner satisfies the legal requirement for presentation. The contest in an election petition is between the constituency and the complained persons, and statutory provisions govern abatement and withdrawal exclusively.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs