The High Court allowed the appeal filed against an Election Tribunal order dismissing an election petition. The Court held the appeal infructuous because the election term had lapsed. It directed police to investigate spoiled ballot papers.
Appeal allowed; direction to S.S.P., Moga to investigate spoiled ballot papers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 2316 of 2005
Date of decision : July 16, 2009
Nachhattar Dass
Appellant
Versus
Nachhattar Singh and others
Respondents
CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present : Mr. Arun Bansal, Advocate for the appellant
NIRMALJIT KAUR, J. (ORAL)
This is an appeal filed against the order of Election Tribunal, Moga whereby the appellant's petition against the election of respondent No. 1 was dismissed. The said election was held in June, 2004. The term of election is five years. The five years have since lapsed. The present appeal is, therefore, become infructuous.
In view of the above, the appeal is dismissed as infructuous. However, learned counsel for the appellant has brought to the notice reply dated 31.3.2008 filed by the Presiding Officer, Election Tribunal, Moga wherein order of this Court dated 11.3.2008 could not be complied with as bundles of the ballot papers immersed in water at some point of time and, therefore, spoiled and were not fit for counting. A copy of the letter was also forwarded to Sr. Supdt. of Police, Moga to register an F.I.R. in this regard and get the matter be investigated. The Sr. Supdt. of Police, Moga is required to look into the matter and take appropriate action.
Dismissed being infructuous.
(Nirmaljit Kaur) Judge
16.07.2009 reena
Nachhattar Dass
Nachhattar Singh
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
