This court considered a writ petition seeking a by-election for a Panchayat member. Finding that the election for the said ward had already been conducted in June 2019, the court held the petition infructuous and dismissed it.
Writ petition dismissed as infructuous because the election for the ward in question was already conducted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8602/2019
Anil Kumar Son Of Dharampal, Aged About 37 Years, Resident Of 212, Agunabas, Dakshin Dhani Jaisa Kakoda, Tehsil Chirawa, District Jhunjhunu.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rajendra Prasad, Sr. Adv. assisted by Mr. Deepak Sharma, Adv. For Respondent(s) : Mr. Nikhil Simlote, Adv. Mr. Imran Khan, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
11/07/2019
The grievance raised in the writ petition relates to the election for the post of Chairperson (Pradhan) in Panchayat Samiti Surajgarh, District Jhunjhunu.
The petitioner made prayer to conduct by-election for the member of Ward No.12 of Panchayat Samiti Surajgarh, District Jhunjhunu as per the provision of Rule 58A of the Rajasthan Panchayati Raj (Election) Rules, 1994.
Mr. Nikhil Simlote, counsel for the Election Commission submits that the required election for the member of Ward No.12
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[CW-8602/2019]
has already been held in the month of June, 2019 and as such grievance raised by the petitioner in the present petition is remedied. Learned counsel further submitted that the Election Commission will also take necessary steps for filling up the post of Chairperson (Pradhan) which has become vacant on account of Chairperson (Pradhan) of Panchayat Samiti Surajgarh, District Jhunjhunu being elected MLA. Learned counsel submits that the present writ petition has become infructuous.
This Court finds that the grievance raised by the petitioner has been taken care of while conducting the subsequent election of Ward No.12, as such the writ petition has become infructuous.
Accordingly, the present writ petition is dismissed as having become infructuous.
(ASHOK KUMAR GAUR),J
Ashish Kumar /369/81
1 issue framed by the court
Whether the writ petition seeking conduct of by-election for Ward No.12 is maintainable subsequent to the conduct of the election in June 2019.
1 provisions across 1 enactments
Anil Kumar Son Of Dharampal
State Of Rajasthan
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
