JASTHA VENKATESWARA RAO Vs. OGGU CHINNA BASAVA REDDY

JUDGEMENT

(1.) This appeal from a judgment of the High court of Andhra Pradesh in an election dispute appears to have become infructuous. The bye-election was held on 7/01/1979. The High court by its judgment set aside the election on the ground that the elected candidate had indulged in corrupt practices and further directed that the appellant who was the returned candidate would be debarred from contesting any election for a period of six years from that date.

(2.) It appears that after the appeal had been preferred, this court granted conditional stay of the operation of the judgment. The general election to the Assembly has been held in the mean time on 5/01/1983. The appellant in spite of the order of stay granted by this court has not been in a position to contest the said election. In the normal course there is no possibility of any election being held before 1988. By the time next election is held the disqualification imposed on the appellant would have lapsed

(3.) In that view of the matter we are satisfied that the appeal has become academic and from that point of view really infructuous. We, therefore, do not propose to go into the merits of this appeal and accordingly we direct disposal of the appeal without examination on merit. It is made clear again that we have not gone into the merits of the appeal in view of the fact that appeal has otherwise become infructuous. There will be no order as to costs.