- (1.) Though the matter is posted for consideration of the application under Article 226 (3) of the Constitution of India, the learned counsel for the respondents submits that this writ petition is rendered infructuous particularly in view of the fact that the only question raised herein, about the right of the nominated members of Municipal Board, Phalodi to cast their votes for electing the representative of Agriculture Produce Markets Committee against local authorities' consistency, no longer survives. The learned counsel submits that after passing of the interim order by this Court on 19.08.2011, the Director, Agriculture Marketing has issued fresh election process wherein it has been clarified that the co-opted/nominated members shall not be entitled to vote. Thus, according to the learned counsel for the respondents, the grievance as stated in this writ petition stands redressed. The learned counsel for the petitioner is not in a position to controvert the submissions aforesaid.
(2.) In view of the submissions as made on behalf of the respondents, this petition can only be treated as infructuous and is dismissed accordingly.;