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Bombay High Court

KUSHIVARTA BHAUSAHEB NANNAVAREversusNARAYAN DAGDUJI GAJAR AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is infructuous and is therefore disposed of.

Summary

The petitioner, Kushivarta Bhausaheb Nannavare, filed a writ petition (No. 14099 of 2017) before the Bombay High Court, Aurangabad Bench, challenging an aspect of the 2015 elections. The petition was filed after the elections had concluded and the petitioner had neither contested nor been elected in those elections. The Court examined whether the petition remained maintainable given these circumstances. It held that because the petitioner was not a candidate or elected representative in the 2015 elections, the petition was rendered infructuous. Consequently, the Court disposed of the petition, noting that if the petitioner is elected in any future election, the matter may be reconsidered on its merits.

Issues considered

  • What is the appropriate disposition of a writ petition filed after the relevant election has concluded, where the petitioner neither contested nor was elected?

Subjects

  • election law
  • writ petition
  • infructuous petition
  • jurisdiction
  • high court

Judgment

2026:BHC-AUG:9123



                                                                      61 WP No.14099.2017
                                                    -1-

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   WRIT PETITION NO. 14099 OF 2017

                             KUSHIVARTA BHAUSAHEB NANNAVARE
                                              VERSUS
                            NARAYAN DAGDUJI GAJAR AND OTHERS
                                                  ...
              Advocate for the Petitioner : Mr. Girish B. Kulkarni
              AGP for Respondents-State : Mr. B. A. Shinde
              Advocate for Respondent No. 1 : Mr. V. L. Bhange h/f Mr. K. D. Jadhav
              Advocate for Respondent No. 6 : Mr. D. L. Agrawal
                                                  ...

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                       Date : 4th March, 2026

              PER COURT :-


              1.              Considering that the subject elections were held in 2015
              and subsequently, the petitioner has neither contested nor been elected,
              the present petition has been rendered infructuous and the same is
              disposed of.


              2.              It is made clear that if the petitioner got elected again in
              the future, the Authority may consider the proceedings on their own
              merits, uninfluenced by the observations made in the earlier order.




                                                          (SIDDHESHWAR S. THOMBRE, J.)

              Omkar Joshi


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