Bombay High Court
HEMANT GULABCHAND KANKRIYAversusMAHARASHTRA CHAMBER OF COMMERCE, INDUSTRY AND AGRICULTURE (MACCIA)
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition was deemed infructuous and dismissed, subject to a limited period for seeking modification or recall.
Summary
Hemant G. Kankriya and others filed a writ petition challenging the conduct of an election held by the Maharashtra Chamber of Commerce, Industry & Agriculture (MACCIA). No counsel appeared for the petitioners, while the respondent's counsel informed the court that the election had already taken place and the results were declared. The court observed that, on these facts, the petition was rendered infructuous. Consequently, the court declined to proceed further with the matter. However, it granted the petitioners a three‑week window to seek modification or recall of the order if aggrieved, and thereafter dismissed the writ petition.
Issues considered
- What is the appropriate judicial response when a writ petition challenges an election that has already been conducted and results declared?
Subjects
- writ petition
- election
- infructuous
- dismissal
- procedural
Judgment
Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2026.09.13
17:12:44
+0530
Chitra Sonawane. 30-WP-3676-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.3676 OF 2026
Hemant G. Kankriya & Ors. .. Petitioners.
Vs.
Maharashtra Chamber of Commerce,
Industry & Agriculture (MACCIA) .. Respondents.
...
None for Petitioners.
Mr. LR Odhekar a/w Omkar Mhasde for Respondent.
Mr. Prashant Kamble, AGP for the State/ Respondent Nos.3 and 4.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 11th SEPTEMBER, 2026.
P.C. :
1. None appears for the Petitioner. Learned Counsel for Respondent
submits in the light of Order dated 29th May 2026, the Election as scheduled
took place and result has already been declared. For all practical purposes
prima facie, we find that the Petition is rendered infructuous.
2. Considering such factual situation that has emerged, we are not inclined
to proceed further in the matter. However, leave is granted to the Petitioner to
seek for modification/recall this order, if he is aggrieved within 3 weeks from
uploading of this Order.
2. The Writ Petition is Disposed Of in the above terms.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
1
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