Giasuddin Mondal v. Abdul Hakim Mondal & ORS.

13.7.2023 Ct. No. 236 SB C.O. 3037 of 2014 In the matter of : Giasuddin Mondal As usual none is appearing on behalf of the petitioner. The application under Article 227 of Constitution of India Challenges the order dated 02.7.2014 passed by the learned Civil Judge, Junior Division, Berhampore, Murshidabad in Other Suit No. 246 of 2013. The petitioner Giasuddin Mondal filed the suit before the learned Trial Court under Sections 79 and 80 of the West Bengal Panchayat Election Act 2003 held on 22.7.2013 seeking declaration that he was elected in the said Panchayat election and for other reliefs. Learned Trial Court after taking into consideration evidence on record was pleased to dismiss the suit. This application is awaiting adjudication for nine years and in my view it has lost its relevance which is why petitioner is not present before the Court.

Under such circumstances, I am inclined to dismiss the application being infructuous.

(Siddhartha Roy Chowdhury, J.)