SHAH MOHD. CHOUDHARY Vs. STATE OF J&K

JUDGEMENT

(1.) This petition was filed by the petitioner, a practicing lawyer, in public interest for grant of the following reliefs:

(2.) During the pendency of this petition, the Legislative Council ceased to be in existence with effect from 31/10/2019 with the enforcement of J&K Reorganization Act 2019. Sec. 14 of the J&K Reorganization Act 2019 provides for the Legislative Assembly only for the Union Territory of Jammu and Kashmir. Besides, the period of nomination of the private respondents to the Jammu and Kashmir Legislative Council also came to expire during the pendency of this petition.

(3.) Taking note of the above mentioned subsequent events and obduracy of the petitioner for adjudication of the petition on merits, notwithstanding the factum of the petition having been rendered infructuous, this Court vide order dtd. 27/7/2023 observed that the petitioner may submit before this Court as to whether the issues raised in this petition are alive as this Court is not expected to undertake any academic exercise, as cause of action does not survive any longer. Thereafter, the petition came to be dismissed for non-prosecution vide order dtd. 28/3/2024, but was restored vide order dtd. 29/4/2024.