झारखड गजट

असाधारण अंक

झारखड सरकार वारा काशत

21 माघ, 1943 (श०)

सं" या – 45 राँची, गु*वार, 10 फरवर-, 2022 (ई०)

मंमंडल ( नवा चन) वभाग

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अ0धसूचना

9 फरवर-, 2022

संया-02/ न० या०-वा०-16-03/17/01--भारत 4नवा5चन आयोग क8 अ0धसूचना सं"या-82/झार.-

<व.स./(05/2015)/2022 =दनांक-18 जनवर-, 2022 वारा 4नवा5चन अज? सं०-05/2015 म@ =दये गये

उCच Dयायालय, झारखंड, राँची क8 तार-ख 20 =दसF बर, 2021 के आदेश से संबं0धत अ0धसूचना को

राजक8य गजट के असाधारण अंक म@ काशनाथ5 ।

झारखड राJयपाल के आदेश से,

के० रव कुमार,

मु" य 4नवा5चन पदा0धकार--सह स0चव ।

झारखडगजट(असाधारण) गु*वार, 10 फरवर-, 2022

भारत नवा चन आयोग

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अ0धसूचना

18 जनवर-, 2022 / 28 पौष, 1943 (शक)

संया- 82/झार.-व.स./(05/2015)--2022 : लोक 4त4न0धPव अ0ध4नयम 1951 (1951 का

43) क8 धारा 106 (ख) के अनुसरण म@, 4नवा5चन आयोग एतदवारा 4नवा5चन अज? सं० 05/2015 म@

=दये गये उC च D यायालय, झारख ड, रांची के तार-ख 20 =दसF बर, 2021 के आदेश को काशत

करता है ।

आदेश से,

अरव द आनंद,

धान स0चव

भारत 4नवा5चन आयोग

झारखडगजट(असाधारण) गु*वार, 10 फरवर-, 2022

IN THE HIGH COURT OF JHARKHAND AT RANCHI

E.P. NO.5 OF 2015

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Ganesh Mahali

…… Petitioners

Versus

Champai Soren & Ors.

…… Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner

Mr. Arvind Kr. Lall, Advocate

For Respondent No.1

Mr. Bibhash Sinha, Advocate

Mr. A.K. Sah, Advocate

For Respondent No.14

Dr. Ashok Kr. Singh, Advocate

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Order No.82 Dated-20.12.2021

I.A. No.1941 of 2020

Heard the parties.

Learned counsel for the respondents submits that this interlocutory application has

been filed by the respondent with a prayer to dismiss the election petition as the same has

become infructuous by efflux of time as the term of the 4^th Jharkhand State Legislative

Assembly has expired and the said assembly stands dissolved and consequent thereupon

fresh election has already held on the basis of Adult Franchise and 5^th Jharkhand State

Legislative Assembly has been constituted through General Election (Jharkhand State

Assembly Election-2019).

It is further submitted by the learned counsel for the respondents that this election

petition has been filed challenging the election of the respondents with following reliefs:-

"(A) The Election of the respondent no. 1 from 51, Saraikela (S.T.) Assembly

Constituency for Jharkhand State Assembly 2014 be declared void and set

aside after recounting of the ballots through EVM machines and on such

recounting if the petitioner be found to have secured highest votes then he be

declared to be duly elected.

(B)

Any other or further relief(s) which the petitioner may be entitled to

(C)

Cost."

It is next submitted that by the learned counsel for the respondents that there is no

allegation of any "corrupt practice" as provided under Section 83 (1) (c) of the Representation

झारखडगजट(असाधारण) गु*वार, 10 फरवर-, 2022

of People Act, 1951, in this Election Petition. It is further submitted that it is mandatory

requirement of law that if any Election Petition is filed involving the question of corrupt practice

under Section 83 (1) (c) of the Representation of People Act, 1951 then the same must be

accompanied with Form 25 as prescribed under Rule 94A of the Conduct of Election Rules,

1961 and the fact that such Form No.25 has not been filed in this case goes to show that

there is no allegation of any corrupt practice. It is next submitted that this election petition has

been filed on the ground that there was mistake in calculation of vote hence, the election of

respondent no.1 be declared void. It is then submitted that the life of 4^th Jharkhand State

Legislative Assembly has already been expired and thereupon, the Governor of Jharkhand

had called upon to constitute the 5^th Jharkhand State Legislative Assembly through General

Election (Jharkhand State Assembly Election-2019) on the basis of adult franchise. It is also

submitted that entire exercise of 5^th General Election has also been completed and a new

assembly is in session w.e.f. 23.12.2019. It is then submitted that even if the prayer of the

instant election petition is allowed, the petitioner cannot take the seat in the 4^th Jharkhand

State Legislative Assembly as because the life of the said Assembly has already been expired

and the same has already been dissolved. It is further submitted that even if the petition is

allowed, the petitioner cannot take the oath in terms of Article 188 of Constitution of India for

becoming the member of 4^th Jharkhand State Legislative Assembly. It is also submitted that

no live issue remains to be adjudicated. It is further submitted that it is a settled principle of

law that the Court should not undertake to decide an issue unless it is living issues between

the parties. In support of its contention, learned counsel for the respondents relied upon the

judgment of Hon'ble Supreme Court of India in the case of Kashi Nath Mishra vs.

Vikramaditya Pandey & Ors. Reported in (1998) 8 SCC 735, paragraph no.1 of which reads

as under:-

“1. This appeal arises from Election Petition No. 4 of 1991 filed under Section 81

of the Representation of the People Act, 1951. The appellant had challenged the

election of the second respondent to the U.P. Legislative Assembly from the 227

Ballia Assembly Constituency in District Ballia. The election petition was

dismissed. The term of the Assembly has expired by efflux of time; thereafter,

another election has been held and another Assembly constituted.”

Learned counsel for the respondents further relied upon the judgment of Hon’ble

Supreme Court of India in the case of Podipireddy Atchuta Desai vs. Chinnam Joga Rao &

Ors. Reported in 1987 (Supp) SCC 42, the same reads as under:-

“The questions raised in this election appeal are of some importance. We also

see the force of the submissions urged on behalf of the appellant. All the same,

having regard to the fact that fresh elections have already taken place and the

झारखडगजट(असाधारण) गु*वार, 10 फरवर-, 2022

appeal has become redundant in that sense, we will be undertaking a futile

exercise if we examine the validity or otherwise of the view taken by the High

Court in dismissing the election petition. Under the circumstances without

expressing any view, one way or the other, on the validity or otherwise of the

decision of the High court, we direct that this appeal shall stand disposed of with

no order as to costs.”

Learned counsel for the respondents further relied upon the judgment of Hon’ble

Supreme Court of India in the case of Mundrika Singh Yadav vs. Shiv Bachan Yadav & Ors.

Reported in (2005) 12 SC 211, paragraph no.1 of which reads as under:-

“1. An election petition under Sections 80 and 80-A of the Representation of the

People Act, 1951 filed by the appellant was dismissed by the High Court. A

perusal of the judgment of the High Court shows that the appellant had sought

for the relief of re-count of ballot papers. The High Court on trial found a case in

that regard having not been made out. The election to the Bihar State Legislative

Assembly forming subject-matter of the election petition was held in the year

2000. The term of the Legislative Assembly is over. Fresh elections are being

held. No relief can be allowed to the appellant in this appeal even if this appeal is

allowed. The appeal is rendered infructuous and is dismissed accordingly.”

Hence, it is submitted that this Election Petition be dismissed as being infructuous by

efflux of time.

Learned counsel for the petitioner submits that the petitioner does not want to file

counter reply in this case and he fairly submits that there is no allegation of any corrupt

practice in this petition.

Considering the facts of the case and the settled principle of law, this Court is of the

considered view that this election petition has become infructuous. Accordingly, this Election

Petition is dismissed being infructuous.

The interlocutory application is allowed accordingly.

E.P.No.5 of 2015

In view of the dismissal of this Election Petition, all the interlocutory applications are

disposed of being infructuous.

Anil Kumar Choudhary, J.,

झारखडगजट(असाधारण) गु*वार, 10 फरवर-, 2022

ELECTION COMMISSION OF INDIA

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NOTIFICATION

18^th January, 2022 / 28 Pausa, 1943 (Saka)

No. 82/JKD-LA/(05/2015)--2022 : In pursuance of Section 106 (b) of the

Representation of the People Act, 1951 (43 of 1951), the Election Commission hereby

publish Order dated the 20^th December, 2021 of the High Court of Jharkhand, Ranchi,

in Election Petition No. 05 of 2015.

By order,

ARVIND ANAND,

PRINCIPAL SECRETARY

ELECTION COMMISSION OF INDIA