High Court Dismisses Writ Petition as Infructuous Due to Expired Nomination Term. Petition Seeking to Quash Nominations Became Infructuous as the Term Had Lapsed.

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Case Note & Summary

The writ petition was filed by Captain Shamsher Singh against the Indian Red Cross Society and others, seeking to quash the nomination of certain individuals as members of the Managing Body of the Chandigarh U.T. Red Cross Branch. The nomination was made via a notification dated 22nd May 1984, which appointed respondents No. 4 to 12 for a term of one year. As the term of the nominations had expired, the court found that the petition had become infructuous. Consequently, the court dismissed the writ petition and closed the matter. The decision was rendered by Hon'ble Mr. Justice Ranjan Gogoi on 19th November 2010.

Headnote

A) Writ Jurisdiction - Certiorari - Infructuous Petition - Writ petition filed to quash nominations of members - Petition became infructuous as the nominations were for a fixed term that had expired - Court closed the petition as infructuous. (Paras Not mentioned)

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Issue of Consideration

Whether the writ petition seeking to quash the nomination of members of the Managing Body was maintainable.

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Final Decision

The court dismissed the writ petition as infructuous due to the expiration of the term of the nominations.

Law Points

  • Writ of certiorari
  • nomination of members
  • infructuous petition
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Case Details

C.W.P. No. 2746 of 1984

2010-11-19

Ranjan Gogoi

Captain Shamsher Singh

The Indian Red Cross Society & Others

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Nature of Litigation

Writ petition challenging the nomination of members of a managing body.

Remedy Sought

Petitioner sought to quash the nomination of certain individuals.

Filing Reason

Petitioner contested the validity of the nominations made by the Indian Red Cross Society.

Issues

Maintainability of the writ petition Effect of expired nominations

Submissions/Arguments

Petitioner argued for quashing the nominations Court noted the nominations had expired

Ratio Decidendi

The petition became infructuous as the nominations were for a fixed term that had already expired.

Judgment Excerpts

This writ petition has been filed inter alia with the following prayer:- The writ petition, therefore has become infructuous.

Procedural History

Writ petition filed challenging nominations, court found it infructuous and closed the matter.

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