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HIGH COURT OF JUDICATURE FOR RAJASTHAN
DINESH MEHTA
ABDUL HAKIM – Appellant
Versus
STATE ELECTION COMMISSION AND ORS – Respondent
CW/11639/2011
A writ petition may be dismissed as infructuous if the relief sought has already been rendered moot by subsequent events.
Headnote:
Fact of the Case:
The petitioner filed a writ petition in 2011 seeking a direction to the respondents to enter his name in the electoral roll.
Finding of the Court:
The court noted that the petitioner's counsel was unable to provide an update on the current status of the petitioner's name in the electoral roll and that the election had already been held.
Issues: Whether the petitioner's name was entered in the electoral roll.
Ratio Decidendi: The court held that the writ petition had become infructuous as the election had already been held.
Final Decision: The court dismissed the writ petition as having become infructuous.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11639/2011
Abdul Hakim S/o Shri Mir Mohd., aged about 48 years, R/o
Village Panchera Tala, Tehsil Pokran, District Jaisalmer,
Rajasthan.
----Petitioner
Versus
1. State Election Commission through District Collector, District
Jaisalmer, Raj.
2. District Collector, District Jaisalmer, Rajasthan.
3. Electoral Registration Officer (Tehsildar, Tehsil Pokran), District
Jaisalmer, Rajasthan.
----Respondent
For Petitioner(s)
:
Mr. Dhirendra Singh
For Respondent(s)
:
-
JUSTICE DINESH MEHTA
Order
04/01/2022
1.
By way of the present writ petition, the petitioner has sought
a direction to the respondents to enter his name in the electoral
roll.
2.
The petition in question was filed in the year 2011.
3.
Learned counsel for the petitioner is not in a position to
apprise the Court about the current status of petitioner’s name in
the electoral roll.
4.
This being the position, the writ petition is dismissed as
having become infructuous, as election has already been held.
5.
Needless to observe that in case petitioner’s name is still not
entered in the electoral roll, he shall be free to avail remedy
(2 of 2)
[CW-11639/2011]
available to him under the law, including revival of the writ
petition.
6.
Stay petition also stands disposed of accordingly
(DINESH MEHTA),J
48-Ramesh/-
