In a writ petition challenging the refusal to stay execution of an election order from 2007, the court dismissed the petition as infructuous because the election concerns had ended due to the expiry of the Sarpanch's five-year tenure.
Writ petition dismissed as infructuous on the grounds of efflux of time and premature application.
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W.P.(C) No.9284 of 2007
4. 10.8.2016 The petitioner has challenged the order as contained
in Annexure-3 dated 25.7.2007 which is the order refusing to grant stay of execution of expart
e order dated 30.6.2007 passed by the learned Civil Judge(Junior Division) in Election Petitio
n No.2 of 2007.
It has been submitted by learned counsel representing the petitioner that for
recall of the exparte order he has filed an application under Order 9 Rule 13 C.P.C. but the
present status of the petition is not known to him.
Learned counsel representing the opposite party-State that since election in
question is for Sarpanch of the year 2007 and tenure of Sarpanch is only for a period of five
years as per the provision made in the statute, hence no relief can be granted in favour of th
e petitioner as on date.
He further submits that the writ petition has become infructuous.
Heard learned counsel for the parties and after going through the statutory pr
ovision which contains provision of tenure of Sarpanch which is for a period of five years. T
he election pertains to the year 2007, hence by efflux of time the writ petition has become in
fructuious.
Accordingly and considering the reason, the writ petition is dismiss
ed as infructuous.
S.N.Prasad, J.
2
2 issues framed by the court
Whether the writ petition challenging the refusal to grant stay remains maintainable.
Whether the writ petition has become infructuous due to efflux of time regarding the 2007 Sarpanch election.
2 provisions across 2 enactments
Petitioner
State
S.N.Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court