1 S.B.CIVIL WRIT PETITION NO. 6423/2006 Mangal Singh Vs. State of Rajasthan & Others. DATE OF ORDER :: 23rd July, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S.P. Arora, for the petitioner. Mr. Shambhoo Singh, for the respondent No.5. Mr. R. Dave, Dy. Govt. Advocate. .... By this petition for writ the petitioner has sought a direction for respondent No.4 to decide the compliant/petition dated 25.7.2005 filed by him relating to disqualification of the respondent No.5 to contest election for the office of Sarpanch. In reply to the writ petition filed on behalf of the respondents No. 1 to 4 it is stated that the respondent No.4 after holding an inquiry has already submitted its report to Divisional Commissioner, Jaipur on 30.3.2007 and in view of that this petition for writ has become infructuous. In view of the averment contained in reply to the writ petition the cause agitated in this petition for writ does not survive. Accordingly, the same is dismissed as becoming infructuous. 2 It is stated by learned counsel for the respondent No.5 that the Divisional Commissioner is having no authority to decide the election petition in light of the Full Bench's decision of this Court in the case of Smt. Sameera Bano Vs. State of Rajasthan & Ors. ( WLC 2007 (2) 526). I am not entering into this issue as it is open for the respondent No.5 to raise this point before the Divisional Commissioner. (GOVIND MATHUR ),J. jgoyal