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Bombay High Court

RANGNATH GOPINATH DHONDEversusTHE RETURNING OFFICER FOR ELECTION OF ASHTI NAGAR PANCHAYAT AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is infructuous because the councilor's term has already ended, rendering further adjudication unnecessary.

Summary

The petitioner, Rangnath Gopinath Dhonde, challenged a district court order dated 11 July 2019 that disqualified him from serving as Councilor of Ward No.16, Ashti Nagar Panchayat, following an election petition filed by respondent No.3. The High Court noted that the election in question was held on 2 November 2015 and the term of the Nagar Panchayat expired in 2020, rendering the matter moot. Since the statutory term had already ended, there was no substantive issue left for adjudication. Consequently, the Court held that the writ petition was infructuous. The petition was therefore disposed of without further orders.

Issues considered

  • What is the appropriate remedy when a disqualification order pertains to a term that has already expired?

Subjects

  • Election law
  • Disqualification
  • Nagar Panchayat
  • Writ petition
  • Infructuous
  • Councilor term expiry

Judgment

2026:BHC-AUG:12332
              Dilwale                                        1                71-WP12158-19-.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  71 WRIT PETITION NO. 12158 OF 2019

                                     Rangnath Gopinath Dhonde
                                               VERSUS
              The Returning Officer For Election Of Ashti Nagar Panchayat And Others
                                                   ...
             Advocate for the Petitioner : Mr. S. N. Gaikwad h/f Mr. Niteen V. Gaware
             AGP for Respondents: Mr. A. D. Wange
                                                   ...

                                       CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       DATE          : 18.03.2026

             PER COURT :
             1.         Heard the learned counsel for the petitioner.

             2.         The petitioner is assailing the order passed dated 11.07.2019 by

             the learned District Judge, Beed, whereby the election petition filed by

             respondent no.3 came to be allowed and the petitioner (Mr. Dhonde) has

             been disqualified from continuing as Councilor of Ward No.16, Nagar

             Panchayat, Ashti.

             3.         Admittedly, the election was held on 2nd November, 2015 and the

             term of the Nagar Panchayat has already came to an end in the year

             2020. In view thereof, nothing survives for consideration in the present

             petition.

             4.         The petitioner was restrained from continuing as Councilor and

             since the term itself is over, no further adjudication is required.
 Dilwale                                         2                  71-WP12158-19-.odt


5.         In view of the above, the Writ Petition stands disposed of as

infructuous.

6.         Pending Civil Applications, if any, stand disposed of.



                                              [ SIDDHESHWAR S. THOMBRE ]
                                                        JUDGE


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