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RAJENDRA PRASAD versus HANUMAN & ORS

High Court of Rajasthan

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RAJENDRA PRASAD v HANUMAN & ORS - CW Case No. 1116 of 2003 [2007] RD-RJ 1827 (10 April 2007)

SBCW 1116/03

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN

JAIPUR BENCH

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

Scheduled Tribe.

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.

(Mohammad Rafiq),J.

Rs/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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