JUDGMENT :

ANIL KSHETARPAL, J.

1. Admittedly, the term of the Punjab Legislative Assembly came to an end in February, 2023. Thereafter, the fresh elections were conducted and a new house has been constituted and the petitioner was also not successful in the elections held in February, 2023.

2. In the present election petition, the election of the respondent-Gurpratap Singh held in March, 2017 was challenged. The case is still at the stage of decision on an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 filed by the petitioner. Learned counsel representing the respondent submits that the present election petition has become infructuous in view of the fact that the tenure of the Legislative Assembly has come to an end.

3. On the other hand, the learned counsel representing the petitioner submits that such matter does not become infructuous merely because the term of elected members is over. He relies upon the following judgments:-

i) Ajit Prasad Narayan Singh vs. Smt. Nandini Satpathy 1975 AIR (Orissa) 184

ii) Smt Anita vs. Election Tribunal/Addl. District Judge Court no.2 Muzaffarnagar and another RCR (Civil) 324.

4. On the other hand, the learned counsel represe