SATWANT KAUR Vs. SOHAN SINGH D

JUDGEMENT

(1.) The appellant was declared the successful candidate in the election to the legislative Assembly of Punjab held on 7/02/1997 from the 67 (reserve) assembly constituency. The election of the appellant was challenged by Sohan singh, who had also contested the election. The arguments in the election petition were heard on 14/12/1999 by a learned single judge of the High court at Chandigarh and judgment was reserved. The election petition was listed for re-hearing on 30/05/2000 and again on 1/06/2000. An issue in the election petition was then re-framed and counsel were given the opportunity of leading further evidence and addressing the court, which opportunity was declined. On 23/11/2000 the judgment was delivered, the appellant was unseated and Sohan Singh was declared elected.

(2.) On 25 the November, 2000, applications were filed by the appellant in the election petition which stated that the appellant had come to know that Sohan singh had, in fact, died on 27th december, 1999. The applications sought stay of the order in the election petition and a declaration that the election petition stood abated with effect from 27th december, 1999 and consequently, the initiation of further proceedings under section 112 of the Representation of the people Act, 1951. The High Court applied to the facts afore-stated the provisions of order XXII, rule 6 of the Code of Civil procedure and dismissed the applications.

(3.) The appellant is in appeal against the judgment and order on the election petition and against the orders dismissing her interim applications.