KRIPA SHANKAR CHATTERJI Vs. GURUDAS CHATTERJI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated February 3, 1994 passed by Patna High Court (Ranchi Bench) in Election Petition No. 3 of 1990. The appellant challenged the result of the election of 285 Nirsa Assembly Constituency in the State of Bihar held in February 1990 by presenting an election petition before the High Court under the Representation of People Act 1951 (hereinafter referred to as the Representation Act). The appellant Sri Kripa Shankar Chatterjee was a candidate for the said election from Nirsa Constituency. He, however, lost to the returned candidate namely Respondent No. 1 Gurudas Chatterjee by a margin of 1450 votes. There were 22 other candidates contesting for the said Nirsa Constituency.

(2.) IT may be stated here that during the pendency of the Election Petition before the Ranchi Bench, the election petitioner moved an application in the High Court for inspection of ballet papers but such application being dismissed the petitioner moved a Special Leave Application before this Court but the said petition was also dismissed by this Court with the observation that dismissal of special leave petition would not preclude the High Court from inspecting the ballot papers if it deemed necessary to satisfy the Court's conscience. Although the petitioner thereafter made prayer for such inspection but the High Court did not accede to such prayer. The election result was challenged inter alia on the grounds of (1) improper rejection of the nomination paper of one of the candidates Sri Chunmun Singh although he was above 25 years of age, (2) improper acceptance of nomination papers of two candidates namely Sri Sanjib Baxi and Sri Shivlal Manjhi who were not voters in the Nirsa Assembly Constituency, (3) the returned candidates and two other candidates namely Respondent No. 20 and 21 were at the time of election employees of Eastern Coal Field Limited, a subsidiary of Coal India Ltd. which was a Government of India Undertaking and as such public servants under section 21 of Indian Penal Code and accordingly were disqualified to contest the said election and (4) the election of returned candidate was invalid on account of irregularities in counting ballot papers, particulars of such irregularities being mentioned in paragraph 30 of Election Petition.

(3.) SO far as the question of disqualification of the returned candidate to contest the election in view of the fact that at the relevant time he held office of profit being employee of Eastern Coal Fields Ltd. is concerned, the High Court has held that there is satisfactory evidence adduced on behalf of Respondent No. 1 that he had resigned from service at the relevant period and such resignation was accepted. The High Court however, held that as the Respondent No. 1 did not hold any "office of profit" as contemplated under the Representation Act, the other question about his resignation was immaterial. In our view, the question as to whether an employee of Eastern Coal Fields Ltd. was holding an "office of profit" so as to be disqualified to contest election under the Representation Act need not be gone into, in view of the finding that the Respondent No. 1 had in fact resigned from his service at the relevant period and his resignation was accepted by the concerned authority. Such finding, in our view, in the facts and circumstances does not warrant any interference. We may indicate here that the, hearing of this appeal was concluded shortly before the general election of Bihar State Assembly in 1995 and general election having been held in the meantime, this appeal for all practical purpose has lost its importance and has become infructuous. As all the contentions of the appellant have been held not acceptable, we dismiss this appeal without any order as to costs.