Bombay High Court

KANTABAI BALU TOBAREversusTHE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

No cause of action survives after the term of the local body expires, so the writ petition must be dismissed.

Summary

Kantabai Balu Tobare, a democratically elected member of a Village Panchayat in 2021, faced a no‑confidence motion passed by the majority of the local body members. Feeling aggrieved, she challenged the motion before the appropriate authorities under the relevant statute, but her challenge was dismissed. She then filed a writ petition (903 WRIT PETITION NO. 15941 OF 2023) before the Bombay High Court, Aurangabad Bench, seeking relief against the dismissal. The Court observed that the term of the local body had expired by the time the petition was filed, and consequently, no cause of action remained to sustain the proceedings. Accordingly, the Court held that the petition could not be entertained and ordered it to be disposed of. The petition was therefore dismissed as there was no surviving cause of action.

Issues considered

The petition is maintainable despite the expiration of the term of the local body.
Whether a cause of action survives after the statutory term of the local body has ended.

Subjects

Village Panchayat
no‑confidence motion
writ petition
cause of action
local body term
administrative law
petition dismissed

Judgment

2026:BHC-AUG:41981



                                                                      4-sr903.wp15941.202


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              903 WRIT PETITION NO. 15941 OF 2023

                                       Kantabai Balu Tobare
                                             VERSUS
                               The State Of Maharashtra And Others

                                                  ...
                           Advocate for the Petitioner : Mr. Jadhav Kiran D
                           AGP for Respondents no.1 to 4: Mr.S.N.Kendre
                                                  ...

                                        CORAM :      AJIT B. KADETHANKAR, J.
                                        DATE  :      SEPTEMBER 09, 2026
            ORDER :-

                        The petitioner was democratically elected in the general
            elections to the Village Panchayat held in the year 2021. The Members
            of the local body by majority moved a no-confidence motion against
            the petitioner. The petitioner suffered distrust of the majority of the
            members. Feeling aggrieved thereby the petitioner undertook further
            challenges before the authorities under the statute. The petitioner
            suffered dismissal of his challenge and hence he is before this court.


            2.          It is informed that by the passage of time the term of the
            local body is over. In view of the same no cause of action survives to
            continue the prosecution in this Writ Petition. The Writ Petition Stands
            disposed of.



                                                 [AJIT B. KADETHANKAR, J.]
                                               ………..
            KBP

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