Bombay High Court
TUSHAR RANGANTH DASGUDEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY MINISTRY OF CO OP AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of both writ petitions as infructuous because the petitioners' tenure had expired.
Summary
Two writ petitions (WP No. 11003 of 2023 and WP No. 11101 of 2023) sought a deferment of the election programme for village Grampanchayat members, and an ad‑interim order was passed on 13 September 2023 directing that the election programme be deferred until the next date. The Maharashtra Co‑operative Election Authority, acting as District Election Officer, informed the Court that the elected members' term had already expired after two and a half years, and therefore the draft voters' list would now be published. The Authority contended that the petitions had become infructuous. The petitioners, on instruction, accepted that their tenure had expired and agreed that the petitions could be disposed of. The Court recorded these statements and disposed of both writ petitions as infructuous.
Issues considered
- What is the appropriate remedy when the term of elected village Grampanchayat members has expired?
- Whether a writ petition seeking deferment of an election programme remains maintainable after the expiry of the office‑holder's term?
Subjects
- writ petition
- election deferment
- village Grampanchayat
- term expiry
- draft voters list
- disposal
Judgment
901-WP-11003-2023-(C).odt
SUNNY
Digitally signed
by SUNNY
ANKUSHRAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANKUSHRAO THOTE
THOTE Date:
2026.01.28
10:09:27 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11003 OF 2023
Karhe Bhimraj Bira ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 11101 OF 2023
Tushar Rangnath Dasgude ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
****
Mr. Shailendra Kanetkar, Advocate for the Petitioner in
WP/11003/2023.
Mr. Ravindra Pachundekar, Advocate for the Petitioner in
WP/11101/2023.
Ms. P.N. Diwan, AGP for the Respondent/State in WP/11003/2023.
Ms. Priyanka Chavan, AGP for the Respondent/State in
WP/11101/2023.
Mr. Dilip Bodake, Advocate for Respondent Nos.2 & 3 in
WP/11003/2023 and Respondent Nos.2 & 4 in WP/11101/2023.
****
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 23rd JANUARY, 2026
SUNNY THOTE 1 of 3
901-WP-11003-2023-(C).odt
P.C. :-
1. In both these Petitions, ad-interim orders were passed
on 13th September, 2023, directing that “Till next date, election
program be deferred”.
2. The learned Advocate for the Respondent/Maharashtra
Co-operative Election Authority submits that the term for which
these Petitioners were elected has already expired, due to passage of
time in the past two and half years. He further submits that in its
capacity of being the District Election Officer, the draft voters’ list
will now have to be published. Since both these Petitions are
rendered infructuous, the said Authority, Respondent Nos.2 and 4 in
the first Petition and Respondent Nos.2 and 3 in the Second Petition,
would publish the draft voters’ list.
3. The learned Advocate for the Petitioners submits, on
instructions, that in view of the above and considering that the
Petitioners’ tenure as Village Grampanchayat Members has expired,
both these Petitions can be disposed off.
SUNNY THOTE 2 of 3
901-WP-11003-2023-(C).odt
4. In view of the above, by recording the above
statements, both these Writ Petitions are disposed off.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
SUNNY THOTE 3 of 3
Checking your session…