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RAJENDRA PRASAD v HANUMAN & ORS - CW Case No. 1116 of 2003  RD-RJ 1827 (10 April 2007)
IN THE HIGH COURT OF JUDICATURE FOR
S.B. Civil Writ Petition No.1116/03
Rajendra Prasad Vs. Hanuman & Ors. 10.04.2007
Hon'ble Mr. Justice Mohammad Rafiq
Ms. Sweety Mishra for petitioner.
The petitioner has challenged the judgment passed by the Civil Judge (Sr.
Division), Kishangarh Bas dated 25.1.2003 under which the election petition filed by respondent no.1 Hanuman was allowed and the election of the petitioner as
Sarpanch of Gram Panchayat, Karnikot,
Tehsil Mundawar, Distt. Alwar was set aside on the premise that he being a member of Scheduled Caste wrongly declared himself as Scheduled Tribe and
SBCW 1116/03 on that basis contested election from
Gram Panchayat Karnikot, Tehsil Mundawar,
Distt. Alwar which was reserved for
Having heard the learned counsel for the petitioner and perused the material on record, I find that the learned Civil Judge has made detailed analysis of the documents and the evidence on record to give the finding that the petitioner in fact was a member of `Dhanak' which is also known as `Balai' and which in the State of
Rajasthan is Scheduled Caste community.
The learned Civil Judge however annulled the election of the petitioner. Even otherwise, the petitioner was elected as
Sarpanch on 31.1.2000 for a period of
SBCW 1116/03 five years, which period has already elapsed and now new elections have taken place. Apart from the fact that I do not find any error in the judgment passed by the learned Civil Judge, the matter, even otherwise, has become infructuous because the term for which the election post of
Sarpanch was held itself has come to an end.
The writ petition is accordingly dismissed with no order as to costs.
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