Bombay High Court

VIKAS KISHANRAO DHARURKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition is dismissed as infructuous because the challenged notification has already been acted upon and subsequent elections have been held, rendering the issue moot.

Summary

The petitioner, Vikas Kishanrao Dharurkar, filed a writ petition challenging the Election Commission's notification dated 17 February 2017 that delimited wards for the Parbhani City Municipal Corporation elections. The petition sought to set aside the notification on grounds of its validity. The Court observed that considerable time had elapsed since the filing of the petition and that two municipal elections had already been conducted under the contested delimitation. Consequently, the Court held that the issue was no longer live and there was nothing left to adjudicate. The writ petition was therefore dismissed as infructuous and disposed of.

Issues considered

Whether the Election Commission's 17/02/2017 notification on ward delimitation for Parbhani City Municipal Corporation elections is legally valid and can be challenged.
Whether the petition remains maintainable given the lapse of time and the conduct of subsequent elections.

Subjects

delimitation
municipal elections
writ petition
Election Commission
infructuous
mootness
limitation period

Judgment

2026:BHC-AUG:17139-DB


                                                                               3694.17wp
                                                  (1)

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             923 WRIT PETITION NO. 3694 OF 2017
                              VIKAS KISHANRAO DHARURKAR
                                         VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                                  …..
                Mr Arvind Deshmukh, Advocate for Petitioner
                Mr V. K. Kotecha, AGP for Respondent No.1/State
                Ms Tanishqa Shirsath, Advocate h/f Mr S. T. Shelke, Advocate for
                Respondent Nos.2 & 3
                Mr N. D. Sonawane, Advocate for Respondent No.4
                                                …..
                                       CORAM : KISHORE C. SANT
                                                            AND
                                                   SUSHIL M. GHODESWAR, JJ.
                                         DATE : 18th APRIL 2026
                PER COURT :-

                1.          Challenge in this petition is to the Notification dated
                17/02/2017, issued by the Election Commission regarding delimitation
                of Wards (Formation of Wards) for the Parbhani City Municipal
                Corporation elections, which were to be held in 2017.

                2.          We find that, much time has passed since the filing of this
                petition and two subsequent elections have already been held.
                Consequently, the issue raised in this petition no longer require
                adjudication and nothing remains in the petition to decide.

                3.          In that view of the matter, this writ petition is disposed of
                as infructuous.



                [SUSHIL M. GHODESWAR, J.]                   [KISHORE C. SANT, J.]

                sjk

Continue reading with your account

Checking your session…