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Hari Ram Vs. D.J. Pali (Raj.) and anr. - Court Judgment

SooperKanoon Citation
SubjectElection
CourtRajasthan Jodhpur High Court
Decided On
Case NumberS.B. CIVIL WRIT PETITION NO.1227/2008
Judge
ActsRajasthan Municipalities Act - Section 36
AppellantHari Ram
RespondentD.J. Pali (Raj.) and anr.
Excerpt:
.....urt..........that not only the application has been rendered redundant but even the petition itself has been rendered infructuous. this writ petition is directed against the order dated 25.09.2007 whereby the learned district judge, pali proceeded to dismiss an election petition as filed by the petitioner under section 36 of the rajasthan municipalities act, 1959 questioning the elections as held on 20.08.2005 for ward no.25 in the municipal board sojat city, district pali. it is not in dispute that the term of the office under the said election is already over.2. thus the matter herein can only be considered having academic connotations but no longer for any substantive relief for either of the parties.3. in the given set of facts and circumstances, there appears no reason to continue with this.....
Judgment:
1. Though the matter is placed for consideration of the application (IA No.15241/2009) moved as back as on 04.11.2009 for early listing but then, it is noticed that not only the application has been rendered redundant but even the petition itself has been rendered infructuous. This writ petition is directed against the order dated 25.09.2007 whereby the learned District Judge, Pali proceeded to dismiss an Election Petition as filed by the petitioner under Section 36 of the Rajasthan Municipalities Act, 1959 questioning the elections as held on 20.08.2005 for ward No.25 in the Municipal Board Sojat City, District Pali. It is not in dispute that the term of the Office under the said election is already over.

2. Thus the matter herein can only be considered having academic connotations but no longer for any substantive relief for either of the parties.

3. In the given set of facts and circumstances, there appears no reason to continue with this writ petition any further and it appears appropriate to terminate the proceedings herein as infructuous but with the observations that dismissal of this writ petition as infructuous shall not be of prejudice to either of the parties in relation to the subject-matter of the litigation at any future occasion.

4. With the observation aforesaid, the petition stands dismissed as infructuous.

5. The record be returned to the Court concerned.


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