Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1
CM-2-E-2024, RP-1-2015 in/and EP-9-2014 (O&M) Date of Decision:28.05.2025 INDERJIT ... Petitioner V/S JAI TIRATH AND ORS. ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: None for the petitioner. Mr. Vikram Singh Punia, Advocate Mr. Amit Siwach, Advocate for the applicant-respondent No.1 (Jai Tirath). *** SUVIR SEHGAL, J. (ORAL) CM-2-E-2024
in/and EP-9-2014
1. Prayer in the instant application filed under Section 151 CPC read with Section 86(7) of the Representation of People Act, 1956 (for short ‘RP Act’) is for disposal of the election petition as having been rendered infructuous.
2. Mr. Vikram Singh Punia, counsel for the applicant- respondent No.1 (Jai Tirath) states that by virtue of the order dated 25.09.2019, election of the returned candidate/respondent No.1 was set aside by this Court. He submits that a Recrimination Petition bearing RP No.1 of 2015 was filed by the returned candidate/respondent No.1 under Section 97 of RP Act, which is pending. Counsel submits that the election-petitioner, Inderjit Singh, has expired on 05.06.2021 and RP No. 1 of Pooja Saini 2025.05.29 16:43 I attest the integrity and accuracy of this order/judgment
CM-2-E-2024 and RP-1-2015 in/and EP-9-2014 (O&M) -2- 2015 cannot be taken to its logical end. He asserts that Section 112 of the RP Act is not applicable in this peculiar situation and the election petition as well as Recrimination Petition have become infructuous. He states that election petition pertains to the term of the legislative assembly from 2014 to 2019 and thereafter, two more elections of assembly have taken place. He submits that in view of these developments, both the petitions have become infructuous. Application is supported with an affidavit of respondent No.1/returned candidate.
3. Despite notice, there is no opposition to the application.
4. For the reasons given therein, Election Petition as well as Recrimination Petition are rendered infructuous and are dismissed as such.
5. Pending applications also stand disposed of.
6. EVM Machines be returned to concerned quarter. 28.05.2025
(SUVIR SEHGAL) pooja saini
JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Pooja Saini 2025.05.29 16:43 I attest the integrity and accuracy of this order/judgment