MADAN SINGH BAGHELA Vs. GOPAL

JUDGEMENT

(1.) THIS appeal has been filed under Section 46 of the Rajasthan Municipalities Act, 1959, and is directed against the order of the Tribunal (Munsiff Mngistrate), Dholpur, dated February 6, 1973, dismissing the election petition filed by the appellant against the respondent No. 1, who was declared elected to the Municipal Board, Dholpur.

(2.) DURING the pendency of this appeal, the Municipal Board, Dholpur has been superseded after its term had expired, and the respondent No. 1 Gopal Sarin is no more a member of the said Municipal Board.

(3.) LEARNED Counsel for the respondents submits that appeal has become infructuots as no effective relief can be granted by this Court to the appellant. Learned Counsel for the appellant has admitted that the Municipality has been supersede; but in the absence of any instructions from his client he is not in a position to say whether the appeal has become infructuous because the decision by this Court on the question of corrupt practices may have an adverse effect on the rights of the respondent No. 1