2
बहार गजट (असाधारण), 28 जून 2011
Hkkjr fuokZpu vk;ksx
———
vf/klwpuk
fuokZpu lnu] v’kksd jksM] ubZ fnYyh&110001] rkjh[k 2 ebZ] 2011@12 oS’kk[k] 1933 ¼’kd½
la0 82@fcgkj@¼1@2006½@2011—yksd izfrfuf/kRo vf/kfu;e] 1951 ¼1951 dk 43½ dh /kkjk 106 ds vuqlj.k esa]
fuokZpu vk;ksx ,rn~}kjk fuokZpu vthZ la0 1@2006 esa fn;s x;s mPp U;k;ky;] iVuk ds rkjh[k 5 tuojh] 2011 ds vkns’k dks
izdkf’kr djrk gSA
vkns’k ls]
ds0 vt; dqekj]
lfpo] Hkkjr fuokZpu vk;ksx A
ELECTION COMMISSION OF INDIA
———
NOTIFICATION
Nirvachan Sadan, Ashoka Road, New Delhi-110001, Dated 2nd May 2011/12 Vaisakha, 1933(Saka)
No.82/BR(1/2006)/2011—In pursuance of Section 106 of the Representation of the
People Act, 1951 (43 of 1951), the Election Commission hereby published Order dated the 5th
January, 2011 of the High Court of Judicature at Patna in Election Petition No. 1 of 2006.
By Order,
K. AJAY KUMAR,
Secretary, Election Commission of India.
———
IN THE HIGH COURT OF JUDICATURE AT PATNA
E.P. No. 1 of 2006
VIJAY KUMAR SINHA
Versus
FULENA SINGH & ORS.
129/ 05/01/2011
The allegations in this election petition related to double voting only
questioning the winning of the respondent on that factual ground. The election petition did not
raise any allegations of corrupt practice.
Whether double voting took place or not was primarily a question of pure fact.
Now that the fresh election to the Assembly have been held, the issue becomes academic and
the election petition infructuous.
It may only be noticed that both the parties to the election petition contested the
recent Assembly Elections. The fact that the petitioner may have won the recent Assembly
Elections and the respondent may have lost, shall not enthuse fresh life to the present election
petition.
The Courts do not decide academic issues unless they raise far more important
and general questions of law which may keep re-surfacing in cases frequently, more than one. It
has already been noticed that the controversy here was purely factual between the two parties.
The Assembly having been dissolved and fresh constitution having been done, the election
petition is held to be infructuous.
It is accordingly disposed off.
NAVIN SINHA, J.
————
अधी.क, सिचवालय मुिणालय,
बहार, पटना ारा ूकािशत एवं मु3ित।
बहार गजट (असाधारण) 301-571+100-ड0ट0पी0।
Website: http://egazette.bih.nic.in
