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Judgment
Sanjib Banerjee, CJ
Though the appellant maintains that the legal issue raised ought to be decided, it appears that the matter has run its course and has lost all significance after the satisfactory conclusion of the recent elections to the State Assembly.
The appellant asserts that an erroneous finding in law has been rendered by the writ court. However, it is not necessary to enter into the merits of the matter in view of the elections being concluded and the new Members of the Legislative Assembly taking oath. It is made clear that the findings and observations in the impugned judgment will not be treated as any precedent and it will be open to any person to lodge an appropriate complaint with the Election Commission of India for alleged non-filing of return by any political party, whereupon the ECI should decide the matter in accordance with law uninfluenced by any finding or observation in the impugned judgment.
In the absence of the ECI deciding the matter, the Court should not jump the gun.
Accordingly, WA No. 4 of 2023 is disposed of by leaving all issues open.
There will be no order as to costs.