[2023:RJ-JP:27115]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4123/2017
Smt. Batul Bano W/o Late Sh. Ismile Khan, Gram
Nundrimehendratan, Police Thana Beawar Sadar Tehsil Beawar.
----Petitioner
Versus
Smt. Bismila W/o Sh. Manohar, Gram Nundrimehendratan, Police
Thana Beawar Sadar Tehsil Beawar.
----Respondent
For Petitioner(s) : Mr. Paras Jain for Mr. Pradeep Mathur For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order 06/10/2023
1. The present writ petition has been filed by the petitioner with the prayer to transfer the Election Petition No.36/2015 pending before the District Judge, Ajmer to Beawar.
2. From perusal of the pleadings, it is revealed that the Election Petition No.36/2015 was filed before the concerned Court in regard to the election to the post of Sarpanch, Gram Panchayat, Nundrimehendratan, Panchayat Samiti Javaja, Tehsil Beawar, District Ajmer in 2015.
3. As per Section 17 of the Rajasthan Panchayat Raj Act, 1994, the tenure of the Panchati Raj Institutions is five years. The tenure of the Sarpanch whose election has been challenged in the election petition filed by the petitioner has already come to an end in the year 2020 and fresh election have already been held. (Downloaded on 11/11/2023 at 08:35:47 PM)
[2023:RJ-JP:27115] (2 of 2) [CW-4123/2017]
4. In view of the completion of tenure of Sarpanch, the election petition itself has become infructuous and therefore, it would not be fruitful to pass any order for transferring such petition from one Court to another at this juncture.
5. Therefore, the present writ petition is dismissed.
6. Since the main petition has been dismissed, all other pending applications, if any, also stand dismissed.
(GANESH RAM MEENA),J ARTI SHARMA /7 (Downloaded on 11/11/2023 at 08:35:47 PM) Powered by TCPDF (www.tcpdf.org)