CR No.7083 of 2010 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.7083 of 2010 (O&M) DATE OF DECISION: 29.11.2010 **** Manjeet Sharma . . . . Petitioner Vs. Sanchalan Samiti and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Yogesh Chaudhary, Advocate for the petitioner. Mr.J.S. Randhawa, Advocate for the respondents. **** RAKESH KUMAR JAIN J. (ORAL) This revision petition is directed against the order dated 07.10.2010 passed Civil Judge (Jr. Division) Karnal vide which an application filed by the plaintiff seeking two prayers namely, to restrain the defendants from declaring Surender Sharma Barota as President of the Sabha unanimously and to direct defendant No.2 to include the name of the plaintiff as well as other 415 members in the voter list and to file nomination papers to contest the election. In this revision petition, notice was issued on 28.10.2010 for 09.11.2010 thereafter on 09.11.2010, case was adjourned to 18.02.2011. In the meantime, respondents had filed application namely, CM No.30012- CII-2010 seeking exemption from filing certified copy of Annexure R-1 and application namely, CM No.30013-CII-2010 with a prayer to dispose of the revision petition as having become infructuous in view of the resolution dated 8.10.2010 (Annexure R-1) whereby the proposal to appoint Surender Sharma Barota as President of the Sabha unanimously has been cancelled or recalled. Learned counsel for the petitioner has submitted that the prayer made in the application, which has been dismissed by the impugned order, was two-fold whereas the prayer made in the application namely, CM No.30013-CII-2010 is only with regard to the cancellation of the decision to CR No.7083 of 2010 (O&M) - 2 - appoint Surender Sharma Barota as President of the Sabha unanimously. He submits that if the respondents agree to include the name of the petitioner as well as the name of the other 415 members and give them reasonable opportunity to contest the election he would have no grievance to be addressed to this Court. In reply, learned counsel for the respondents has submitted that both the prayers of the petitioner have been considered and he has instructions to state that besides passing of resolution (Ex.R-1) it has also been decided to include the name of the petitioner and other 415 members in the voter list provided they supply the membership receipt to the Sabha to the Returning Officer of the Karnal Brahman Sabha. Learned counsel for the petitioner submits that offer made by the respondents is acceptable to him. In view thereof, he submits that the revision petition may be disposed of as infructuous. Although, the main revision petition is listed for 18.2.2011 yet keeping in view the facts and circumstances of this case, on the oral request of learned counsel for the parties, hearing of the main revision petition is preponed for today and it is ordered that in the light of resolution (Ex.R-1) and the statement made by learned counsel for the respondents that there would be a direct election and nobody shall be appointed unanimously for the post of President of the Sabha and that the petitioner and other 415 members who wanted their names to be included in the voter list and wanted to file their nomination papers to contest the election, prayer made in the present revision petition has become redundant and as such the revision petition is disposed of for having become infructuous. (RAKESH KUMAR JAIN) 29.11.2010 JUDGE Vivek