Bombay High Court

NAGESH RAMDAS GULEWADversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is infructuous because the Sarpanch’s term had already ended, leaving no cause of action.

Summary

The petitioner, Nagesh Ramdas Gulewad, challenged his removal from the office of Sarpanch of Village Panchayat Ijali under Section 39(1) of the Maharashtra Village Panchayat Act, 1958. The removal was effected after the election held in 2020‑2021, and the petitioner argued that the removal was illegal. The Court observed that the term of the Sarpanch had already expired, rendering any further proceedings against the petitioner moot. Consequently, the Court held that there was no live cause of action to entertain the writ petition. The petition was therefore disposed of as infructuous.

Issues considered

Whether a writ petition challenging removal of a Sarpanch under Section 39(1) of the Maharashtra Village Panchayat Act is maintainable when the term of office has already expired

Legislation cited

Maharashtra Village Panchayat Act, 1958 — s. 39(1)

Subjects

Removal of Sarpanch
Village Panchayat
Section 39
Writ petition
Infructuous
Term expiry

Judgment

2026:BHC-AUG:41598



                                                        1
                                                                    901 WP 13175 OF 2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   901 WRIT PETITION NO. 13175 OF 2023

                                    NAGESH RAMDAS GULEWAD
                                              VERSUS
                     THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
                                            AND OTHERS
                                                 ...
                     Mr. U. B. Deshmukh, Advocate for the Petitioner
                     Mr. S. P. Sonpawale, AGP for Respondent Nos.1 to 3 and 5 –
                     State
                     Mr. B. N. Gadegaonkar, Advocate for Respondent No.8
                                                 …

                                              CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 8th September 2026

                     P.C. :-

                     .         The petitioner was removed from the office of Sarpanch

                     of village Panchayat Ijali, Taluka Mudkhed, District Nanded

                     under Section 39(1) of the Maharashtra Village Panchayat

                     Act, 1958. The election was conducted in the year 2020-2021.

                     As such, the term of the office is over. In view of this, the

                     cause to prosecute the writ petition further does not survive.


                     2.        The Writ Petition is disposed of as infructuous.




                                                            ( AJIT B. KADETHANKAR, J. )
                     PRW

Continue reading with your account

Checking your session…