Bombay High Court

MR. ANANT CHANDRAKANT CHAVANversusGRAMPANCHAYAT ARATHI, THROUGH GRAMSEVAK AND ORS

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

Holding

The petition is infructuous and is disposed of because the cause of action has become stale.

Summary

The petitioner, Sayali Deepak, filed a writ petition challenging a disqualification arising from a 2009 election. The petition was filed in 2026, more than a decade after the election. The Court examined whether the petition remained maintainable given the considerable lapse of time. It held that the passage of time had rendered the matter moot, as there was nothing left to adjudicate. Consequently, the writ petition was declared infructuous and disposed of without any costs.

Issues considered

Whether a writ petition challenging an election disqualification filed more than a decade after the election is maintainable
Whether the petition should be dismissed as infructuous due to the lapse of time

Subjects

election disqualification
stale petition
writ petition
civil appellate jurisdiction
timeliness

Judgment

                                                                           60-WP-2752-13.doc



                                                                                 Sayali


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

SAYALI                                 WRIT PETITION NO. 2752 OF 2013
DEEPAK
UPASANI
Digitally signed by
                      Anant Chandrakant Chavan                    … Petitioner
SAYALI DEEPAK                    V/s.
UPASANI
Date: 2026.03.04
16:54:25 +0530        Grampanchayat Arathi thr. Gramsevak
                      and Others                                  … Respondents

                      None for petitioner.
                      Mr. R. S. Pawar, AGP for State.


                                                  CORAM     : AMIT BORKAR, J.

                                                  DATED     : MARCH 04, 2026

                      P.C.:

                      1.       The petition arises out of disqualification for election
                      conducted in the year 2009. Hence, due to the passage of time,
                      nothing remains to be adjudicated in the present writ petition.

                      2.       The writ petition stands disposed of as infructuous. No
                      costs.




                                                                 (AMIT BORKAR, J.)




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