PAWAN DIWAN Vs. SHRI VIDYA CHARAN SHUKLA

JUDGEMENT

(1.) PAWAN Diwan, the petitioner in the present election petition, having lost the battle of ballots as against Shri Vidya charan Shukla (Respondent No.1) in the general elections for parliament held on 22nd November, 1989 from Mahasamund Parliamentary Constituency No. 18, has challenged his election seeking following reliefs : -

(2.) THE controversy in the present petition, as survives, is in a circumscribed limit on account of subsequent developments whereover parties are not at vanance : Parliament as constituted after general elections held in November, 1989 before could run its full term met its dissolution sometime in March, 1991 and as a resultant whereof fresh poll for Parliament took place in May, 1991 whereat the respondent No. 1 having contested afresh from the very constituency got re -elected for the Parliament.

(3.) THE question for determination at present as per submissions advanced by the learned counsel for the respondent No. 1 is regarding the survival of the election petition and its maintainability wherefor though the facts, which are undisputed, have relevance but only peripheral: