IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.516 of 2007 POONAM KUMARI, daughter of Radhe Shyam Rajak, resident of Village-Bariyari, P.S.-Muraliganj, District- Madhepura Versus 1. THE STATE OF BIHAR 2. State Election Commission through Deputy Secretary, Bihar, Sone, Bhawan, 3rd Floor, Birchand Patel Path, Patna-1 3. District Election Officer, Madhepura 4. Nandan Kumar Bharati, son of not known village Bharahi Bazar, P.S. Madhepura, District Madhepura 5. Shobha Devi, wife of Lalan Kumar Rajak @ Lalan Rajak R/V Bharahi Bazar, P.S. & Distt. Madhepura 6. Ruby Kumari, Wife of Chandrabhushan Rajak, Block MUrliganj, P.S. Murliganj, Distt-Madhepura Respondents…Respondents ----------- For the Appellant :-Mr. Rajendra Sing, Sr. Advocate For the State Election :- Mr. R.S. Pradhan, Sr.Advocate Mr. Sanjeev Nikesh, Advocate 6 06.05.2011 The present appeal has been filed against the order dated 30th May 2007 passed by learned Single Judge in C.W.J.C. No. 11715 of 2006 wherein the date of birth of the appellant is in dispute before the Election Commission as a complaint was lodged by some private person before the Election Commission regarding his date of birth. The Commission has set aside her election on the ground that she was under age as per matriculation certificate showing the date of birth as 10.08.1998. The learned Single Judge having gone into the merits of the case finds that the date of birth of the petitioner is in dispute, which 2 is a pure question of facts that can be remedied by way of a Civil Suit. However, the learned Sr. Counsel appearing on behalf of the appellant has submitted that as per stay order appellant was not continued as Member of Zila Parishad and now she is contesting 2011 election which is going to be held in this month and her nomination paper is accepted for the ensuing election. Under the above circumstances, after having heard counsel for the State Election Commission, we are of the opinion that as the dispute with regard to the date of birth for enabling her to fight the election, by efflux of time would not survive, as such this appeal has become infructuous. Accordingly, this appeal is dismissed having become infructuous. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)