JAMMU, May 29: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal today dismissed the Public Interest Litigation (PIL) filed by Shah Mohammad Choudhary, former member of J&K State Advisory Board for Development of Gujjar and Bakerwals, seeking quashment of the Notification/SRO No. 122 of April 9, 2015 issued by the Government by virtue of which Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-ud-Din Bhat, Ajatshatru Singh, Mohammad Khurshid Alam and Surinder Mohan Ambardar were nominated as Members of the Legislative Council against the vacancies.Jammu dining guideJammu and Kashmir real estate
After hearing both the sides, DB observed, “during the pendency of this petition, the Legislative Council has ceased to exist as per the provisions of J&K Reorganization Act 2019. Section 14 of the J&K Reorganization Act 2019 provides for the Legislative Assembly only for the Union Territory of Jammu and Kashmir.
Besides, the period of nomination of the private respondents to the Jammu and Kashmir Legislative Council also came to expire during the pendency of this petition.
Notwithstanding the factum of the petition having been rendered infructuous, this court vide order dated 27.07.2023 observed that the petitioner may submit before this court as to whether the issues raised in this petition are alive as this court is not expected to undertake any academic exercise, as cause of action does not survive any longer”, the DB said, adding thereafter, the petition came to be dismissed for non-prosecution vide order dated 28.03.2024, but was restored vide order dated 29.04.2024” T
The petitioner submitted that he has raised vital issues which require adjudication on merits, irrespective of the fact that J&K Legislative Council has ceased to be in existence and the term of the nominated members to the J&K Legislative Council has expired. Counsel appearing for some of the private respondents argued that petition has been rendered infructuous due to subsequent events, therefore, this petition deserves to be dismissed.
This is an admitted fact that as on date, J&K Legislative Council is not in existence and, also the term of the nominated members has expired. Therefore, even if this petition is adjudicated on merits, it would have no repercussions in future.
This court has already observed that the issues involved in this petition at present, are of only academic interest and this court is not expected to undertake any academic exercise at the cost of other cases, involving issues of seminal importance”, the DB said.
In view of this, we are of the considered view that no fruitful purpose shall be served, if the petition at hand is decided on merits, as the same has been rendered infructuous due to subsequent events & petition is, accordingly, dismissed.
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