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Judgment
The order dated 14th September 2016 reads as under :-
"Counsel for the private respondent submits that as per rejoinder affidavit of the petitioner itself, tenure of respondent no. 4 has come to an end whereafter on fresh election however he has again been elected. Therefore, the original cause of action to question his election as Member, District Board, Baghmara in the present writ application has been rendered infructuous. Counsel for the petitioner however seeks short indulgence. The matter is accordingly passed over for the day by way of last indulgence."
Apparently reading of the aforesaid order shows that the
matter was adjourned at the request of counsel for the petitioner by way
of last indulgence on the aforesaid point.
Learned counsel for the respondent no.4 submits that the
term of respondent no.4 has expired in the year 2015 and he has again
been elected as Member of the District Board in the election held on 28 th
November 2015.
Petitioner had questioned the election of the respondent no.4
on the grounds of ineligibility alleging that caste certificate issued by the
office of Circle Officer, Baghmara to respondent no.4 is forged.
The term of election having expired, the cause of action
raised in the petition, however, has been rendered infructuous. Petitioner
is at liberty to agitate the fresh election of the respondent no.4, if so
aggrieved, by way of a fresh cause of action in an appropriate
proceeding. Writ petition is accordingly disposed of as infructuous. All
pending interlocutory applications are closed.