CHANDRA MOHAN SHUKLA Vs. ANIL DHIRUBHAI AMBANI

JUDGEMENT

(1.) Shri Anupam Mehrotra learned Counsel for the Respondents raised preliminary objection with submission that keeping in view the fact that election petition challenging the same election has been dismissed by this Court and also since the term of elected representation of the Rajya Sabha has expired petition should be dismissed as infructuous. It has been submitted that court should not adjudicate an academic issued when in any case the Petitioner shall not be entitled for any benefit.

(2.) On the other hand, Shri Qamar Ahmad learned Counsel for the Petitioner submits that issue is of public importance hence court should decide the election petition. Solitary issue pending for adjudication is validity of amendment done in Representation in People Act which according to learned Counsel for the Respondents is only academic in nature.

(3.) The election of Council of State Rajya Sabha has been impugned in the present election petition. The election was notified by Election Commission of India under Section 39 of the Representation of Peoples Act 1951 ( in short hereinafter referred as R.P. Act) vide notification dated 4.6.2004 as amended by subsequent notification dated 10.6.2004 and 23.6.2004. Thereafter, result was declared on 26.6.2004. Respondent No. 1 to 11 were elected for Rajya Sabha. The election was impugned in some other election petition including election petition No. 4 of 2004. The election petition No. 4 of 2004 was decided and dismissed by judgment and order dated 22.1.2010. Other connected petitions were also dismissed by separate order of the same day. The case has been reported in, Madan Mohan v. Arun Shourie and Ors. Admittedly,2010 LCD 755tenure of elected representatives expired.