Bombay High Court

DASHRATH SOMAJI MOKAR AND OTHERS.versusP.M.T. KAMGAR SANGH (INTAK) AND OTHERS.

Decided: 4 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The petition was dismissed as infructuous because the election order's tenure had expired.

Summary

The petitioners sought relief against an order directing the holding of elections, which was issued in 2006. The elected body's tenure was three years, and that period has since expired. The court noted that with the passage of time, there was no longer any operative issue to adjudicate. Consequently, the petition was deemed infructuous. The court disposed of the petition without further hearing.

Issues considered

What is the appropriate disposition of a writ petition when the subject matter has become moot due to the expiry of the elected body's tenure?

Subjects

election
writ petition
infructuous
tenure expiry
mootness
civil appellate jurisdiction

Judgment

                                                                              14-wp-2079-2006.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO.2079 OF 2006
SHABNOOR
AYUB                  Dashrath Somaji Mokar And Others.             … Petitioners
PATHAN                           V/s.
Digitally signed by
SHABNOOR AYUB
                      P.M.T. Kamgar Sangh (Intak) & Ors.            … Respondents
PATHAN
Date: 2026.03.04
16:39:41 +0530
                      None for the Petitioners.
                      Ms. Dhruti R. Datar i/b Mr. Rajesh S. Datar, for
                      Respondent Nos.2 and 3.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : MARCH 4, 2026
                      P.C.:

                      1.      The present petition arises out of an order directing holding
                      of elections. The said order was passed in the year 2006. The
                      tenure of the elected body is three years. In view of the efflux of
                      time and expiry of the said tenure, nothing survives for
                      adjudication in the present petition.

                      2.      Accordingly, the petition stands disposed of as infructuous.


                                                                     (AMIT BORKAR, J.)




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