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REGD. NO. D. L. (N) 04/0007/2003—05

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ELECTION COMMISSION OF INDIA

New Delhi, the 7th September, 2011

O. N. 149.—In pursuance of Section 106 of the

Representation of the People Act, 1951 (43 of 1951), the

Election Commission hereby publishes the Order of the

Supreme Court of India dated 13-7-2011 in Civil Appeal

No. 6856 of 2005.

3296 GI/2011

(239)

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PUBLISHED BY AUTHORITY

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WEEKLY

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No. 23]

NEW DELHI, SEPTEMBER 4—SEPTEMBER 10, 2011, SATURDAY/BHADRA 13—BHADRA 19, 1933

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Separate Paging is given to this Part in order that it may be filed as a separate compilation

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PART II—Section 3—Sub-section (iii)

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Orders and Notifications Issued by Central Authorities (other than the Administrations of Union Territories)

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6856 OF 2005

WITH

Civil Appeal Nos. 6868, 6869, 6870, 6871, 6872,

6887, 6888, 6889, 6890, 6892, 6893, 6894, 6895, 6896,

6910, 7043 and 6891 of 2005

(Appeals under Section 116 A of the Representation

of Peoples Act, 1951 from the Judgment and Order dated

the 8th September, 2005 of the High Court of Sikkim at

Gangtok in Election Petition Nos. 21,11, 7, 18, 9, 6, 4, 17, 13,

15, 16, 20, 19, 10, 5, 8, 12 and 14 of 2004 respectively.)

Shri Sher Hang Subba etc. etc.

.... Appellants

Versus

Shri Deepak Kumar Gurung etc.

....Respondents

For full cause title please see Schedule ‘‘A” Attached

herewith.

13th July, 2011

CORAM :

HON’BLE MR. JUSTICE J.M. PANCHAL

HON’BLE MR. JUSTICE H.L. GOKHALE

For the Appellants

:

M/s. Arvind Kumar Gupta,

in all the appeals

and Rahul Mangla, Advocates.

240

THE GAZETTE OF INDIA : SEPTEMBER 10, 2011/BHADRA 19, 1933

[PART II—SEC. 3(iii)]

For the Respondents

:

Mr. A. Mariarputham, Senior

in all the appeals

Advocate. (Ms. Aruna Mathur,

Ms. Megha Gour and

Mr. Yusef Khan, Advocates

with him).

:

Mr. K.N. Rai, Advocate

The Appeals above-mentioned being called on for

hearing before this Court on the 13th day of July, 2011;

UPON perusing the record and hearing counsel for the

parties herein, THIS COURT DOTH, inter-alia, PASS the

following ORDER :

‘‘xxx the learned senior counsel who appears

on behalf of the elected candidates in all the

appeals, states at the Bar that the Election Petitions

were filed by the learned counsel for the

appellant(s) challenging the elections which were

held in the year 2004 after which fresh elections

were held in the year 2009 and therefore, appeals

have become infructuous. The statement made at

the Bar by the learned counsel for the elected

candidates is not disputed by the learned counsel

for the appellant(s). Therefore, there is no manner

of doubt that appeals have become infructuous

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

and deserve to be disposed of accordingly.

Accordingly, all the appeals are disposed of as

having become infructuous.

Interim relief, if any, granted in each appeal

stands vacated.”

And THIS COURT DOTH FURTHER ORDER

that the Order of this Court dated 3rd March, 2006 passed

in these appeals granting stay be and is hereby vacated.

And THIS COURT DOTH LASTLY ORDER that

this ORDER be punctually observed and carried into

execution by all concerned;

Witness the Hon’ble Shri Sarosh Homi Kapadia,

Chief Justice of India, at the Supreme Court, New Delhi,

dated this the 13th day of July, 2011.

Sd/-

(SHELLY SEN GUPTA)

Deputy Registrar

[ No. 82/SKM-LA/(14 of 2004)/2006]

By Order,

ANUJ JAIPURIAR, Secy.