BHUNESHWAR PRASAD YADAV Vs. BADRIDHAR DIWAN

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) This order will govern the issue of abatement of the election petition, as the sole respondent died on 4-5-2021 pursuant to which notice has been issued and published in the Official Gazette on 18-6-2021 as per Section 116 of the Representation of the People Act, 1951, but within the period of limitation, no one has filed application for substitution within the period of 14 days from the date of publication of notice in the Official Gazette.

(3.) Mr. Harsh Wardhan, learned counsel appearing for the election petitioner, would submit that despite death of the respondent, the election petition will not abate and proceeding would continue, despite that, no one has been substituted in place of the sole respondent. He relied upon the decisions of the Supreme Court in the matters of Inamati Mallappa Basappa v. Desai Basavaraj Ayyappa and others , 1958 AIR(SC) 698 , Sheodan Singh v. Mohan Lal Gautam , 1969 AIR(SC) 1024, Dhoom Singh v. Prakash Chandra Sethi and others , 1975 AIR(SC) 1012 and that of the Karnataka High Court in the matter of Siddaiah v. Returning Officer, Bangalore and others , 1988 AIR(Kar) 135 to buttress his submission.