Shyambabu Rathore vs Koshal Kishore Rathore And Anr ...
2023 Latest Caselaw 6391 Raj/2

[2023:RJ-JP:32464]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14276/2017

Shyambabu Rathore S/o Ganpat Lal, aged about 60 years
Resident Of Kelwara, Tehsil Shahbaad, Distt. Baran, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       Koshal Kishore Rathore S/o Nand Lal Rathore, aged 47
         years, Resident Of Kelwara, Tehsil Shahbaad, Distt.
         Baran, Rajasthan.
2.       District Election Officer Panchayat And District Collector,
         Baran Distt. Baran.
                                                                 ----Respondents

For Petitioner(s)         :     None present.
For Respondent(s)         :     None present.



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                                 Judgment

02/11/2023

1. The present petition has been filed by the petitioner with a

challenge of judgment dated 07.04.2017, passed by the District

and Sessions Judge, Baran in Election Petition No. 64/2016,

whereby the election petition filed by the petitioner with the

challenge to the election of the respondent was dismissed.

2. The respondent No. 1 Koshal Kishore Rathore was declared

elected as Sarpanch of Gram Panchayat Kelwara, Tehsil Shahbaad,

Distt. Baran (Rajasthan) on 24.01.2015 and the petitioner filed

election petition before the District and Sessions Judge, Baran

under the provisions of Section 43 of the Rajasthan Panchayati Raj

Act, 1994 (in short 'Act of 1994') and the Rule 81 of Rajasthan

Panchayati Raj (Election) Rules, 1994 (in short 'Rules of 1994') on

[2023:RJ-JP:32464] (2 of 2) [CW-14276/2017]

various grounds. The election petition filed by the petitioner was

dismissed vide judgment dated 07.04.2017 and the order of

dismissal has been challenged by the petitioner in the present writ

petition.

3. Section 17 of the Act of 1994 provides that tenure of the

members of the Rajasthan Panchayati Raj Institutions including

the tenure of the persons elected as Sarpanch, is five years.

4. In the present case, the respondent was elected as Sarpanch

on 24.01.2015 and his tenure as Sarpanch has already come to

end in the year 2020, and fresh elections have already been held.

5. Since the tenure of the respondent as Sarpanch has already

come to end in the year 2020, no effective relief can be granted to

the petitioner at this stage, therefore, the present writ petition is

of no consequence and the same is dismissed.

6. Since the main petition has been dismissed, all other

pending application/s, if any, also stand dismissed.

(GANESH RAM MEENA),J

Guarav Srivastava/ARTI SHARMA/2

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