Smt Batul Bano vs Smt Bismila (2023:Rj-Jp:27115)
2023 Latest Caselaw 5617 Raj/2

[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.

[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

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