A.S.BOPANNA, J. - (1.)The appellants in both these appeals are assailing the order dated 01.06.2012 passed by the learned Single Judge of the High Court of Karnataka at Bangalore in Election Petition No. 7/2008. By the said order, the election of the appellant in C.A. No. 4821/2012 (Mr. Nandiesha Reddy) from 151 K.R. Pura Legislative Assembly constituency in Bangalore Urban District is held to be void, in terms of Section 100 (1) (c) of the Representation of People Act 1951. Further, in the course of the said order the learned Judge has directed the Registrar General of the High Court to register a complaint against the appellant in C.A. No.6171/2012 (Mr. Ashok Mensinkai) before the Competent Court for proceeding in accordance with law for the purpose of provisions of Section 193 Indian Penal Code, 1860. The said direction is issued since according to the learned Judge, the appellant in the said appeal who was the Returning Officer for the said election; on being examined as PW.3 in the Election Petition had given false evidence before the Court. In the above circumstance, the appellant in C.A. No. 4821/2012 (Mr. Nandiesha Reddy) has assailed the order in its entirety while the appellant in C.A. No. 6171/2012 (Mr. Ashok Mensinkai) has assailed the order insofar as directing prosecution against the appellant.
(2.)In the above background, we have heard Mr. Jayant Mohan, learned counsel for the appellant in C.A. No.4821/2012 and Mr. S.N. Bhat, learned counsel for the appellant in C.A. No.6171/2012. We have also heard therespondent who had appeared as a party-in-person in both these appeals and perused the relevant material, as also the written submission filed on either side.
(3.)The issue arises from the election which was held in April/May 2008 to the Karnataka State Legislative Assembly. The present case as noted earlier, relates to one of the constituencies, namely, 151 K.R. Pura Legislative Assembly Constituency. The elections were notified on 16.04.2008 and as per the calendar of events the publication of result was fixed on 27.05.2008, soon after which the Karnataka State Legislative Assembly for that term was constituted. In that background, the term of the Assembly was up to May, 2013 whereafter the subsequent election to constitute the Karnataka State Assembly afresh for the next term has taken place. In that circumstance though by the order impugned dated 01.06.2012, the election of the appellant in C.A. No.4821/2012 (Mr. Nandiesha Reddy) was held to be void, immediately thereafter, the instant appeal was filed and this Court had granted stay of the impugned order while issuing notice on 11.06.2012. In that view, theappellant has completed the term of the Assembly for which he was elected. As such Mr. Jayant Mohan, learned counsel for the appellant in C.A. No.4821/2012 (Mr. Nandiesha Reddy) has submitted that the grievance put forth in the appeal does not survive for consideration. Having noted the sequence it is evident that the prayer in C.A. No.4821/2012 has rendered itself infructuous and the appeal does not survive for consideration.