Supreme Court Sets Aside Observations Of Allahabad High Court Made Against Ex-MLA Ram Singh
The Civil Appeal before the Supreme Court arose from the impugned order of the Allahabad High Court passed in an Election Petition.
The Supreme Court has set aside the observations made by Allahabad High Court against Ex-MLA Ram Singh. The Supreme Court took note of the interim stay already granted to the High Court’s order whereby his election was declared void and the fact that the tenure of his office for the period 2012-2017 had lapsed.
The Civil Appeal before the Apex Court arose from the impugned order of the Allahabad High Court passed in an Election Petition.
The Division Bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan held, “In view of the interim stay of the impugned order passed by the High Court and the fact that we do not propose to consider the appeal on merits as the tenure of office of the elected candidate/appellant herein for the period 2012-2017 has also lapsed, we think it is in the interests of justice to set aside the observations made by the High Court in paragraphs 53 to 56 of the impugned order.”
Advocate Pradeep Kumar Yadav represented the Appellant while AOR Sakshi Kakkar represented the Respondent.
Factual Background
The appellant was declared elected as a Member of the State Legislative Assembly of Uttar Pradesh from the 249 Patti Assembly Constituency, District Pratapgarh in 2012. However, this was challenged by the respondent through an Election Petition before the Allahabad High Court on the ground that there was an improper refusal/rejection of 955 postal ballot papers. By the impugned order, the High Court allowed the Election Petition, thereby declaring the election of the appellant as void.Hence, the appeal came to be filed before the Apex Court. By an interim order, the Apex Court admitted the appeal and granted stay of the impugned order.
Reasoning
The Bench noted that by the impugned order, the High Court allowed the Election Petition, thereby declaring the election of the appellant as void. The High Court had further held that he must not be allowed the benefits of the election and also pension as a Member of the Legislative Assembly and all other such benefits, which are admissible to an Ex-Member of the Legislative Assembly.
Considering the interim stay of the impugned order passed by the High Court, the Bench did not consider the appeal on merits as the tenure of office of the elected candidate/appellant for the period 2012-2017 had lapsed. Thus, setting aside the observations of the High Court, the Bench allowed the Appeal in part in the aforesaid terms.
Cause Title: Ram Singh v. Rajendra Pratap Singh @ Moti Singh (Neutral Citation: 2026 INSC 110)
Appearance
Appellant: Advocates Pradeep Kumar Yadav, Anjale Kumari, Taiyyab Khan Salmani, AOR Sanjeev Malhotra
Respondent: AOR Sakshi Kakkar, Advocate Shakti Singh