KHALID NAJIB SUHARWARDY v. STATE TH. ELECTION OFFICER AND ORS.
EP/1/2009 · 2025-07-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1591 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1591 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No.1
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Vc)
EP 1/2009
KHALID NAJIB SUHARWARDY …Petitioner(s)/appellant(s) Through: None
Vs.
STATE TH. ELECTION OFFICER AND ORS ...Respondent(s) Through: Mr. K. S. Johal, Sr. Advocate with Ms. Supreet Singh Johal, Advocate CORAM:
HON’BLE THE CHIEF JUSTICE
O R D E R 03-07-2025
With reference to the order dated 06.06.2025, learned senior counsel for the respondents points out that it was owing to inadvertence, the Court was informed that the petitioner (Khalid Najib Suharwardy) had since passed away, whereas he is alive and in fact it was his father who had died. At any rate, he submits that the matter is rendered infructuous with efflux of time. Be that as it may, he submits that the petition at hand is pending since 2009 and nobody appeared on behalf of the petitioner on the previous hearing and the position is same even today. Thus, it appears that the petitioner has lost interest and is not willing to pursue the matter any further. Further, in terms of Section 87 (1) of the Representation of People Act, 1951, for the matter is not being pursued, this Court may dismiss the petition for non-prosecution. Dismissed for non-prosecution. However, in the event any cause of action/interest/dispute still survives, the petitioner shall be at liberty to move an appropriate application to seek restoration of the petition and for appropriate order.
(ARUN PALLI)
CHIEF JUSTICE
SRINAGAR 03-07-2025
Aadil