The Court dismissed a writ petition filed via quo warranto challenging the election of Vimala Devi as Sarpanch. The petition was held infructuous due to the expiry of the 2015-2020 session term.
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[2023/RJJP/011405]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13311/2015
----Petitioners
Versus
----Respondents
HON'BLE MR. JUSTICE SAMEER JAIN
Order
[2023/RJJP/011405]
[CW-13311/2015]
(2 of 2)
19/05/2023
Learned AAG submits that the present writ petition has been filed with a limited prayer for the issuance of a writ of quo warranto and thereby to hold the election of respondent No. 5- Vimala Devi for the post of Sarpanch of Gram Panchayat Khohalya Tehsil Uniara Distt. Tonk for the Session 2015-2020 illegal and void ab initio .
Learned AAG further submits that matter pertains to the Session subsisting between the years 2015 to 2020 and therefore, on account of the expiry of the session/term, the present writ petition has become infructuous.
Learned counsel for the petitioners was unable to refute the aforementioned submission qua the expiry of the term.
Accordingly, in light of the aforesaid, the present writ petition is dismissed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J
Pooja /46
1 issue framed by the court
Whether the writ petition challenging the election of respondent No. 5 is maintainable in light of the expiry of the session term.
Shankar Lal Bairwa
Rajanti
State Of Rajasthan
State Election Commission, Rajasthan
Vimala Devi
District Education Officer, Secondary, Jaisalmer
Sameer Jain
As recorded by the court registry
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