Law:

Section:

(a) Election--Appeal to Supreme Court ---Petition challenging election of member of Provincial Assembly on ground that the nomination of one of the candidates was improperly rejected by the Re-turning Officer---Dissolution of Provincial Assembly during pendency of appeal before Supreme Court---Held question arising for consideration in appeal before Supreme Court would not become purely academic as invalidation of election of candidate may give rise to liability to refund allowances received by returned candidate as a member of the Provincial Assembly---Constitution of India, Art. 133---Indian Representation of the People Act (1951), S. 86. (b) Resignation--- ----Local Board---Resignation of Chairman of the Board---Resignation being a unilateral act need not be accepted and notified by Government and it becomes effective from date of communication to head of Department of Government if it is in praesenti or from future date if it is prospective---Where the act of relinquishment of office was of a bilateral character, it would not be effective until it is accepted. (c) Election----- ---- Candidate not holding office of profit on the date of scrutiny of nomination papers---Rejection of nomination papers being not proper, election was rightly set aside---Indian Representation of the People Act (1951), S. 86. AIR1990SC1808;AIR1986SC1571;1981All.LJ982;AIR 1978 SC 694; A I R 1974 SC 505; A I R 1969 SC 180 and (1907) 2 Ch. 370 ref. JUDGMENT S.C. AGARWAL, J.--- These appeals have been filed under section 116-A of the Representation of the People Act, 1951. They relate to election to the Himachal Pradesh Legislative Assembly from 60-Chachiot Assembly constituency held during February, 1990. The appellant was declared elected to the Legislative Assembly from the said constituency. His election was challenged by the respondents in these appeals by filing election petitions in the High Court of Himachal Pradesh. By its judgment dated June 3, 1991, the High Court has allowed the election petitions and has set aside the election of the appellant on the ground that the nomination of one of the candidates, Shri Karam Singh was improperly rejected by the returning officer. 2.…

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