Hon’ble Devi Prasad Singh, J.—Shri Anupam Mehrotra learned counsel for the respondents raised preliminary objection with submission that keeping in view the fact that election petition challenging the same election has been dismissed by this Court and also since the term of elected representative of the Rajya Sabha has expired petition should be dismissed as infructuous. It has been submitted that Court should not adjudicate an academic issue when in any case the petitioner shall not be entitled for any benefit.

2. On the other hand, Shri Qamar Ahmad learned counsel for the petitioner submits that issue is of public importance hence Court should decide the election petition. Solitary issue pending for adjudication is validity of amendment done in Representation in People Act which according to learned counsel for the respondents is only academic in nature.

3. The election of Council of State Rajya Sabha has been impugned in the present election petition. The election was notified by Election Commission of India under Section 39 of the Representation of People Act 1951 ( in short hereinafter referred as R.P. Act) vide notification dated 4.6.2004 as amended by subsequent noti