RAKESH KUMAR v. STATE TH.CHIEF ELECTROL OFFICER AND ORS.
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE TASHI RABSTAN
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2020-12-23. RAKESH KUMAR v. STATE TH.CHIEF ELECTROL OFFICER AND ORS. Read the judgment and case details on...
Judgment text
Sr. No. 208 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 771/2011 IA No. 1077/2011 (Through video conferencing) Rakesh Kumar ..... Petitioner(s) Through :- None V/s State of J&K and others ..... Respondent(s) Through :- None Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE ORDER 1. Instant petition has been filed in the year 2011 wherein and whereby the petitioner has prayed for following reliefs:- “(a) An appropriate writ, order or direction in the nature of writ of certiorari quashing:-i) Order dated 25. 04. 2011 issued by the respondent No. 4 by virtue of which the respondent No. 7 has been declared as elected Panch of ward No. 5 of Halqa Panchayat Chowki; and ii) Order dated 10. 5. 2011 passed by the respondent No. 3 by virtue of which the appeal preferred by the petitioner against the order dated 25. 04. 2011 has been disposed of and the respondent No. 7 has been declared as winning candidate by enhancing the votes secured by him from 55 to 57.
b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the official respondents to recount the votes cast for election of Panch in Panchayat Chowki of Tehsil Nowshera, District Rajouri after deletion of 11 votes which were cast by the persons by say of impersonation, as the 11 persons 2 OWP No. 771/2011 whose votes were cast were either army personnel service outside the area or died; Or in the alternative c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the official respondents to hold fresh elections for Panch of Panchayat Chowki of Tehsil Nowshera, District Jammu strictly in consonance with the provisions of law. d) Any other relief, which this Hon’ble Court in the facts and circumstances of the case deems fit and proper. ” 2. The reliefs prayed for in this petition by afflux of time have become redundant and as a corollary, this petition has become infructuous.
Accordingly the same is dismissed as having been rendered infructuous along with connected IA(s). Interim direction, if any, shall stand vacated. (TASHI RABSTAN) JUDGE JAMMU 23. 12. 2020 Pawan Angotra Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No PAWAN ANGOTRA 2020. 12. 24 15:45 I attest to the accuracy and integrity of this document
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