Kamal Kishore Jhanwar v. State of U.P. and 9 Others

Court No. - 10 Case :- WRIT - C No. - 23959 of 2023 Petitioner :- Kamal Kishore Jhanwar Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Manjari Singh Counsel for Respondent :- C.S.C.,Suneel Kumar Hon'ble Kshitij Shailendra,J.

¶1Heard Ms. Manjari Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Suneel Kumar, learned counsel for the respondent no.6 and perused the record.

¶2This writ petition has been filed challenging the order dated

15.12.2022 and the election result dated 02.10.2022.

¶3In fact, on 15.12.2022 office bearership in relation to the elections held on 02.10.2022 has been registered by the Assistant Registrar concerned in his office.

¶4Learned counsel for the petitioner submits that certain representations are pending before the Assistant Registrar but he is not passing any order thereon.

¶5I have perused the prayer clause of the writ petition which does not contain any prayer for deciding the representation, however, in the stay application, three representations have been referred to as

06.10.2022, 14.11.2022 and 17.11.2022.

¶6All the said representations are subsequent to holding of elections dated 02.10.2022 but prior in point of time when the list of office bearers on the basis of said elections was registered.

¶7I also perused the representations which contain a prayer for recounting of votes.

¶8Learned counsel for the respondent no.6 has placed before this Court certain further orders issued by the authorities including the Election Officer who has recorded that time and again opportunity was granted to the petitioner to press his request and concerned meeting was also called but the petitioner never took any interest in the matter and never appeared.

¶9It is further contended that the term of the elected office bearers pursuant to the elections being one year only would lapse within two months even if date 15.12.2022 is taken into consideration as registration of the list.

¶10The nature of subsequent order shows that the controversy in relation to the elections dated 02.10.2022 is already over.

¶11Considering the entire facts and circumstances of the case, I do not find any good ground to issue any direction in the matter as it would be a futile exercise as the controversy has lost its significance in view of various developments prior and subsequent to passing of the order impugned.

¶12The writ petition is, accordingly, dismissed. Order Date :- 19.10.2023 AKShukla/- High Court of Judicature at Allahabad