Vikas Mittal v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

250+254 Civil Writ Petition No.6461 of 2016 Vikas Mittal ....Petitioner versus State of Punjab and others

...Respondents

AND Civil Writ Petition No. 14416 of 2016 Vikas Goyal and others ....Petitioners versus State of Punjab and others

...Respondents

Date of decision: 3rd August, 2016

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN *****

Present:

Mr. Deepak Kumar Jain, Advocate for the petitioner. Mr. Alok Jain, Addl. A.G., Punjab.

Mr. L.S. Sidhu, Advocate for respondent No.6 in CWP No.6461 of 2016 and for respondent No.7 in CWP No.14416 of 2016.

Ms. Kavita Arora, Advocate for respondent No.5 in CWP No.6461 of 2016 and for respondent No.8 in CWP No.14416 of 2016.

****** AJAY KUMAR MITTAL, J. (Oral) 1.

This order shall dispose of Civil Writ Petition Nos.6461 and 14416 of 2016 as learned counsel for the parties state that the issue involved therein is identical.

2.

Briefly the facts are being taken from CWP No.6461 of 2016. In this petition, the petitioner has prayed for issuance of a writ in the nature of mandamus directing respondent No.1 to conduct the elections by secret ballot as provided under Rule 5 of the Punjab Municipal (President and Vice-President) Election Rules, 1994 and further to video-graph of the SONIA GUGNANI 2016.08.11 10:57 I attest to the accuracy and integrity of this document High Court, Chandigarh

Civil Writ Petition No.6461 of 2016 -2- ----- entire proceedings/elections so as to ensure the conduct of smooth and fair elections to the said posts.

3.

Written statement on behalf of respondent No.5 has been filed in Court today. The same is taken on record, subject to all just exceptions.

4.

Learned counsel for the petitioner(s) submitted that the election for the post of the Vice-President of Municipal Council, Bareta, District Mansa has already been conducted on 22.07.2016. It was pointed out that in terms of order dated 22.07.2016, the process of election has been video-graphed and the video-graphy version shows that there has been manipulations and the same has been challenged by way of filing a separate petition i.e. CWP No.15635 of 2016 which is being listed on 04.08.2016.

5.

In view of the fact that the election for the post of Vice President of Municipal Council, Bareta has already taken place on 22.07.2016, learned counsel for the petitioner states that the writ petitions have become infructuous and may be disposed of as such. 6.

Disposed of as infructuous.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) August 03, 2016 JUDGE sonia gugnani Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No SONIA GUGNANI 2016.08.11 10:57 I attest to the accuracy and integrity of this document High Court, Chandigarh