Petitioners sought election duty upgrades; court found relief granted and elections held, declaring writ petition infructuous and dismissing it.
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Court No. - 39
Case :- WRIT - C No. - 12161 of 2019
Petitioner :- Gaurav Kaushik And 86 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Alok Mishra, learned counsel for the petitioners, who are 18 in number, learned standing counsel for the respondents no. 1 and 3 and Shri Nand Lal holding brief of Shri B.N. Singh, learned counsel for the respondent no. 2.
The petitioners in the writ petition are seeking a direction to the respondents to upgrade the election duties of the petitioners for the Parliamentary Election - 2019 in accordance to their grade pay rank and status in pursuance to Election Commission's Letter No. 576/3/2004/JS-II dated 9.8.2004 and in accordance with the Government Order bearing No. 3027(1)/15-17-96 dated 16th July, 1996. The second relief is to comply with the Notification dated 16.2.2019 of the Election Commission of India whereby it is provided that teaching staff of the Universities and Colleges etc. should not be drafted for polling duties in polling station premises without specific reason to be recorded in writing by the District Electoral Officer.
Learned counsel for the respondents however informs that the elections have already taken place on 18.4.2019. He further submits that the relief no. 1 has already been granted. In this view of the matter, we find that since the relief has already been granted, this writ petition has become infructuous.
The writ petition is accordingly dismissed as having become infructuous.
Instructions passed on to the court are kept on record.
Order Date :- 23.4.2019 o.k.
Gaurav Kaushik And 86 Others
State Of U.P. And 3 Others
B. Amit Sthalekar
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
