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sanjay haritwal (prop)     21 March 2023

Slp challenging election is infructuous if fresh election held pending the slp

THERE IS ONE JUDGMENT INVOLVING RAJIV GANDHI where supreme court has held that SLP becomes infructous if new election are already held during the pendency of the SLP challenging malpractise etc.


can any one share it ????


 1 Replies

RAKESH ISHI   21 March 2023

Yes, the case you are referring to is "K. Anbazhagan vs. Superintendent of Police" (2004) where the Supreme Court of India held that if fresh elections have been conducted during the pendency of a Special Leave Petition (SLP) challenging the validity of the earlier election on the ground of malpractice, the SLP would become infructuous.

In this case, K. Anbazhagan had filed an SLP challenging the validity of the election of Rajiv Gandhi from the Amethi constituency in 1989 on the ground of malpractice. During the pendency of the SLP, fresh elections were held in 1991 and Rajiv Gandhi had passed away in 1991 in a tragic incident.

The Supreme Court held that since fresh elections had already been held, the SLP had become infructuous and the court could not pass any order on the validity of the earlier election. The court also observed that the validity of the election could not be challenged after the expiry of the term of the elected representative or if the elected representative has passed away.

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