AIR 1987 SUPREME COURT 1577 ::1987 (2) CurCC 369 ::(1987) IJR 313 (SC) ::1987 SCC (Supp) 93 ::(1987) 2 SCJ 533 ::(1987) 2 Supreme 1 ::1987 2 Supreme 1 ::1987 3 JT 402 ::(1987) 2 JT 402 (SC)

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): E. S. Venkataramiah, K. N. Singh , JJ

(A) Representation of The People Act (43 of 1950) , S.116A, S.97— Appeal to Supreme Court against decision dismissing election petition - Candidate returned in impugned election also returned in subsequent election - In so far relief of setting aside election has become infructuous as subsequent election of candidate cannot be set aside on grounds raised in election petition impugning earlier election become academic - Yet, as charges of corrupt practice alleged in respect of earlier election have to be investigated in present state of law as proof thereof entails incurring of disqualification from contesting election, Supreme Court felt that Parliament should consider desirability of amending law to prescribe time limit for inquiry into allegations of corrupt practice or to devise means to ensure that valuable time of Supreme Court is not consumed in election @page-SC1578matters which by efflux of time are reduced to mere academic interest. (Para 4 6) (B) Representation of The People Act (43 of 1950) , S.81, S.83, S.86, S.87— Election petition - Procedure - Paras of petition not disclosing any cause of action - Can be struck off under O. 6, R. 16 of C.P.C. - No triable issues remaining to be considered after striking out pleadings - Court has power to r....