Pratap Singh Bhati vs Gayad Ram
2021 Latest Caselaw 1 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 235/2020

Pratap Singh Bhati S/o Shri Bheem Singh Bhati, Aged About 50 Years, By Caste Rajput, Resident Of Village And Post Beenawas, Tehsil Bilara, District Jodhpur.

----Appellant Versus

1. Gayad Ram S/o Shri Gopa Ram, By Caste Vishnoi, Resident Of Vishu Ki Dhani, Tehsil Bilara, District Jodhpur.

2. The Election Officer, Bilara, District Jodhpur.

----Respondents

For Appellant(s) : Mr. D.S. Thind, through V.C. For Respondent (s) : Mr. Arpit Bhoot, through V.C.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE DINESH MEHTA

Judgment

04/01/2021

Heard learned counsel for the appellant.

Challenge has been made in the present appeal to an order

dated 18.02.2020 passed by the learned Single Judge allowing

S.B. Civil Writ Petition No.2031/2020 filed by the petitioner

(respondent No.1 herein) holding, inter alia, that the Election

Petition itself has been rendered infructuous on account of the fact

that the term of the office of the Sarpanch (challenge to which

was made) had come to an end by Notification dated 26.12.2019

and fresh election had been announced.

Learned counsel appearing for the appellant submits that the

issues raised herein remain valid since it would affect future

elections and eligibility of the candidates thereto.

(2 of 2) [SAW-235/2020]

Having heard learned counsel for the appellant, we are of the

considered view that the matter has become purely academic and

it has become infructuous. Therefore, we refuse to entertain the

appeal while holding herein that the issues raised in the present

appeal are kept open for consideration in an appropriate case.

Issue regarding maintainability of the present intra-court appeal is

also left open for consideration.

The appeal is dismissed with the above observations.

(DINESH MEHTA),J (INDRAJIT MAHANTY),CJ

10-MohitTak/-

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