Sh. Bhagvanrao V. Patil Vs. Sh. Jagannath P. Patil & Ors.
EmailAppeal: Civil Appeal No. 311 of 1998
Petitioner: Sh. Bhagvanrao V. Patil
Respondent: Sh. Jagannath P. Patil & Ors.
Apeal: Civil Appeal No. 311 of 1998
Judges: Dr. A.S. ANAND, CJI., R.C. LAHOTI & K.G. BALAKRISHNAN, JJ.
Date of Judgment: Mar 08, 2000
Head Note:
ELECTION
Zila Parishad – Election – Recounting sought by defeated candidate – On recounting, said candidate secured more votes – High Court in writ, staying the further proceedings – On SLP, said order stayed – Pursuant thereto, defeated candidate declared as elected by trial court. Held that appeal has become infructuous. (Paras 7, 8)
JUDGEMENT:
ORDER
1. For purposes of this appeal, we are required to take note of only some salient facts.
2. The appellant and the first respondent contested election for Zila Parishad from Kumbhargaon. The appellant secured 6487 votes while the first respondent secured 6676 votes at the counting of votes which took place on 3rd March, 1997. An application filed by the appellant seeking recount before the Returning Officer, alleging various irregularities and illegalities during counting of votes, was rejected. The appellant thereupon filed an Election Petition (No. 1/97) before the prescribed authority (IIIrd Addl. District Judge, Satara). The trial court on 3rd May, 1997 allowed a prayer for recount of votes. As a result, recount was held on 7th June, 1997. On recount, the appellant secured 6630 votes while the first respondent secured 6519 votes.
3. While the matter rested thus, the first respondent filed Writ Petition No. 2759/97 before the High Court at Bombay, putting in issue the direction for recount. The High Court on 23rd June, 1997, while issuing rule in the writ petition granted interim relief in terms of prayer ‘C’ which reads, thus:
“C) Pending the hearing and final disposal of the present writ petition this Hon’ble Court be pleased to pass an order of stay of further proceedings pursuant to the result of the recounting of votes:”
4. Through this appeal by special leave, the order of the High Court dated 23rd June, 1997 has been impugned before us.
5. By our order dated 16th of January, 1998, leave was granted and the directions regarding interim relief in terms of prayer ‘C’ were stayed.
6. Subsequent to the order made by this Court, vacating the stay granted by the High Court, the trial court proceeded further with the trial of the election petition and on 4th February, 1998, as a result of recount, declared the appellant as elected setting aside the election of the respondent.
7. Learned Counsel for the appellant submits that in view of the order of the trial court dated 4th February, 1998 declaring the appellant elected, both this appeal and the writ petition filed by the respondent in the High Court have been rendered infructuous.
8. This appeal is, accordingly, dismissed as infructuous. Let an appropriate prayer be made in the High Court in the writ petition.
9. We have not expressed any opinion on the merits of the issue raised in the appeal. No costs.
1. For purposes of this appeal, we are required to take note of only some salient facts.
2. The appellant and the first respondent contested election for Zila Parishad from Kumbhargaon. The appellant secured 6487 votes while the first respondent secured 6676 votes at the counting of votes which took place on 3rd March, 1997. An application filed by the appellant seeking recount before the Returning Officer, alleging various irregularities and illegalities during counting of votes, was rejected. The appellant thereupon filed an Election Petition (No. 1/97) before the prescribed authority (IIIrd Addl. District Judge, Satara). The trial court on 3rd May, 1997 allowed a prayer for recount of votes. As a result, recount was held on 7th June, 1997. On recount, the appellant secured 6630 votes while the first respondent secured 6519 votes.
3. While the matter rested thus, the first respondent filed Writ Petition No. 2759/97 before the High Court at Bombay, putting in issue the direction for recount. The High Court on 23rd June, 1997, while issuing rule in the writ petition granted interim relief in terms of prayer ‘C’ which reads, thus:
“C) Pending the hearing and final disposal of the present writ petition this Hon’ble Court be pleased to pass an order of stay of further proceedings pursuant to the result of the recounting of votes:”
4. Through this appeal by special leave, the order of the High Court dated 23rd June, 1997 has been impugned before us.
5. By our order dated 16th of January, 1998, leave was granted and the directions regarding interim relief in terms of prayer ‘C’ were stayed.
6. Subsequent to the order made by this Court, vacating the stay granted by the High Court, the trial court proceeded further with the trial of the election petition and on 4th February, 1998, as a result of recount, declared the appellant as elected setting aside the election of the respondent.
7. Learned Counsel for the appellant submits that in view of the order of the trial court dated 4th February, 1998 declaring the appellant elected, both this appeal and the writ petition filed by the respondent in the High Court have been rendered infructuous.
8. This appeal is, accordingly, dismissed as infructuous. Let an appropriate prayer be made in the High Court in the writ petition.
9. We have not expressed any opinion on the merits of the issue raised in the appeal. No costs.
