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Bombay High Court

SANJAY KISHANRAO RAMPURE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioners challenged the voters list dated 24‑02‑2023 used for electing the managing committee of Vividh Karyekari Seva Sahakari Sanstha Ltd., Kundalwadi. The election result was scheduled for 16‑04‑2023, after which the petition became infructuous. No counsel appeared for the petitioners, indicating they had lost interest in pursuing the writ. The Court observed that without representation the petitioners could not maintain the suit. Consequently, the writ petition was dismissed for want of prosecution.

Issues considered

  • What is the appropriate remedy when a writ petition becomes infructuous due to the passage of the election date?
  • Can a writ petition be dismissed for want of prosecution when the petitioners fail to appear before the Court?

Subjects

  • writ petition
  • voters list
  • cooperative society election
  • infructuous petition
  • dismissal for want of prosecution

Judgment

2026:BHC-AUG:46492

                                                          1
                                                                            2-wp-3086-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 3086 OF 2023

                                 Sanjay Kishanrao Rampure And Others
                                               VERSUS
                       The State Of Maharashtra Through Secretary And Others
                                                   ...
                     None for the petitioner
                     Mr. K. B. Jadhavar, AGP for Respondent-State
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 05TH OCTOBER, 2026
                     P.C. :-

                     .         None for the petitioner.

                     2.        From the prayer clauses “C” and “D”, it appears that the
                     Writ Petition pertains to the voters list published on
                     24.02.2023 for the purpose of election to the managing
                     committee of Vividh Karyekari Seva Sahakari Sanstha Ltd.,
                     Kundalwadi, District Nanded. The election program is
                     attached at Annexure-B (page no.80). The election result was
                     to be declared on 16.04.2023. In view of this, apparently the
                     petition seems to have become infructuous.

                     3.        Since nobody appears to represent the petitioners, it
                     appears that the petitioners also have lost their interest to
                     contest the Writ Petition. Hence, Writ Petition stands
                     dismissed for want of prosecution.



                                                              ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026


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