Bombay High Court

VINOD ARJUN WAGHversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

The association is not a State and the writ petition is not maintainable; therefore, it is dismissed.

Summary

Vinod Arjun Wagh, an expelled member of a private association (Respondent No.4), filed a writ petition seeking a direction to the State of Maharashtra to conclude an action he claimed had been initiated through several communications between 2020 and 2021. He relied on the decision in Board of Control for Cricket in India v. Cricket Association of Bihar (2015) 3 SCC 251, arguing that the association should be treated as a ‘State’ and thus amenable to writ jurisdiction. The Court held that the association does not perform any public function and therefore cannot be classified as a State; consequently, the petition does not fall within the writ jurisdiction of the High Court. Additionally, the election programme challenged pertained to 2023 and the elections had already been held, rendering the relief sought moot. The petition was dismissed as not maintainable and the pending civil application was also disposed of.

Issues considered

Whether the private association is amenable to writ jurisdiction as a 'State' under Article 226 of the Constitution.
Whether the writ petition filed by the expelled member is maintainable.

Subjects

writ jurisdiction
state
public function
association
expulsion
election
maintainability

Judgment

                                 *1*                   907-wp-5463-2023


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                907 WRIT PETITION NO. 5463 OF 2023

                     VINOD ARJUN WAGH
                            VERSUS
 THE STATE OF MAHARASHTRA THROUGH SECRETARY AND
                            OTHERS
                              ...
Ms. Preeti Ramrao Wankhade, Advocate for the petitioner
Mr. S. R. Wakle, AGP for Respondents/State
Mr. Yashodeep Deshmukh a/w. Ms. Vaidehi Deshmukh i/b. Mr.
Anand D. Kawre, Advocate for Respondent Nos.4 and 5
                              ...
                             WITH
  CIVIL APPLICATION NO. 13803 OF 2025 IN WP/5463/2023
                              ...

                      CORAM : NITIN B. SURYAWANSHI &
                              ABASAHEB D. SHINDE, JJ.
                      DATE : 4th AUGUST 2026

P. C. :-

1.         This petition is filed by a member of Respondent No.4-

Association who is already expelled from the Association. The

petitioner      seeks directions to Respondent No.1-State of

Maharashtra to conclude the action which, according to him, is

already commenced vide communications dated 04.09.2020,

05.102020, 01.12.2020, 18.03.2021 and 07.06.2021.

2.         When a query was made by this Court as to whether the

Association is amenable to the Writ Jurisdiction, learned


Narwade
                                   *2*                     907-wp-5463-2023


Advocate for the petitioner placed reliance on (2015) 3 SCC

251, Board of Control for Cricket in India Vs. Cricket Association

of Bihar and Others, particularly paragraphs 52 and 53 of the

said decision.

3.        According to us, the said reliance is misplaced and

misconceived. The Respondent-Association does not discharge

any public function or duty and, therefore, it cannot be termed

as “State” and amenable to the Writ Jurisdiction. Even

otherwise, as the election programme under challenge is of the

year 2023 and the elections are already held. In this view of the

matter, we are not inclined to entertain the petition filed by the

expelled member of the Respondent-Association.

4.        The   Writ   Petition   is   therefore   dismissed   as    not

maintainable.

5.        Pending Civil Application is accordingly disposed of.




(ABASAHEB D. SHINDE, J.)                 (NITIN B. SURYAWANSHI, J.)




Narwade

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