Kamlesh Sharma v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1502 of 2019 Kamlesh Sharma S/o Late R R Sharma, Aged About 57 Years President Bilaspur Press Club, Raghvendra Rao Hall, Bilaspur Cg R/o Gupta Gali, Tikra Para, Mannu Chowk, Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Chief Secretary, Commerce And Industry Department , Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District Raipur Chhattisgarh.

2. The Assistant Registrar, Firms And Societies, Bilaspur Chhattisgarh.

3. Mangatrai Agrawal, Election Officer, Press Club, Bilaspur Chhattisgarh.

4. Tilakraj Saluja S/o Shri N.R. Saluja, Near Shitla Mandir, Dayalband Bilaspur Chhattisgarh.

5. Bilaspur Press Club Through Its Secretary, Raghvendra Rao Hall, Bilaspur Chhattisgarh. ---- Respondents _______________________________________________________________ For Petitioner :

Shri Faiz Kazi, Advocate For Respondent/State :

Shri Sudeep Verma, Dy. G. A.

For Respondent No. 4 : Shri Rajesh Kesharwani, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/04/2019

1. Heard.

2. The present petition is against the order dated 11/04/2017. It is contended that the petitioner was illegally removed by an ex parte order though he was elected and subsequently when it was subject to revision before the State, the same was also

dismissed. It is further contended that the right to contest election of the petitioner was wrongly taken away by the respondent. It is submitted that the petitioner has been removed vide Annexure P1 dated 29/03/2019 and the second appeal of the petitioner has been dismissed without any speaking order.

3. Learned counsel for respondent No.4 appears and submit that fresh notification for the election has already been notified on 27/04/2019 and date of filling nomination and date of election has been notified. Therefore this petition has virtually become infructuous.

4. Perusal of the order impugned shows that initially the petitioner was elected on 23/09/2016 for a period of two years which was subject to appeal and second appeal before the different forums. The reply which has been placed on record by the respondent would show that the new notification for the election has already been published therefore the instant petition in any case has become infructuous with the notification of new election and no relief of restoring the position of the petitioner can be granted as it has died natural death with the afflux of time.

5. Accordingly, the petition is dismissed as infructuous. The petitioner shall be at liberty to seek his redressal if the grievance exists in the better constituted petition.

Sd/- Goutam Bhaduri Jyoti Judge