Ram Mehar Vs. Methab
Singh & Ors. [2008] INSC 1428 (25 August 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5241 OF 2008 (@SPECIAL
LEAVE PETITION (CIVIL)NO.11960 OF 2006) RAM MEHAR Appellant(s) VERSUS METHAB
SINGH & ORS. Respondent(s)
ORDER
1.
Leave
granted. Heard both sides.
2.
The
appellant herein has challenged the recounting ordered by the Addl.Civil Judge,
Senior Division in an Election Petition filed by the respondent no.1 herein.
The High Court had declined to interfere with the order passed by the
Addl.Civil Judge, Senior Division. We are told that after the recounting of the
votes, the Election Petition itself was finally disposed of by the Addl.Civil
Judge, Senior Division, Bhiwani, Haryana on 22.8.2008.
In view of the order
passed by the Addl.Civil Judge,Senior Division, disposing of the Election
Petition, this matter has become infructuous. Accordingly, the appeal is
disposed of as having become infructuous. No costs.
3.
But
we make it clear that the appellant would be at liberty to challenge the order
passed by the Addl.Civil Judge, 2 Senior Division, on the basis of the grounds
alleged in the present appeal also for which we express no opinion.
...............CJI.
(K.G. BALAKRISHNAN)
.................J.
(P. SATHASIVAM)
NEW
DELHI;
25TH
AUGUST, 2008.
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