Bombay High Court

JAGRUTI DYANESHWAR MALIversusTHE DISTRICT COLLECTOR AND DISTRICT ELECTION OFFICER

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

The petitions are dismissed for want of prosecution as the petitioner did not appear and the Gram Panchayat’s term had expired.

Summary

Jagruti Dyaneshwar Mali filed writ petitions challenging actions of the District Collector and District Election Officer. The petitioner failed to appear in court, either in person or via video conference, when the matter was called. The respondent’s counsel submitted that the term of the Gram Panchayat, the subject of the petition, had expired, and produced an affidavit to that effect. The court noted that the petition had been pending since 2022 without any prosecutorial activity by the petitioner. Consequently, the court dismissed the petitions for want of prosecution, holding that the petitioner’s inaction and the lapse of the Gram Panchayat’s term precluded any further relief.

Issues considered

Whether the writ petition can proceed when the petitioner fails to appear and the subject Gram Panchayat’s term has expired
Whether dismissal for want of prosecution is appropriate under the circumstances

Subjects

writ petition
non-appearance
want of prosecution
Gram Panchayat
term expiry
high court
dismissal

Judgment

2026:BHC-AUG:34093
                                                  (1)                 912wp3830.22.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              912 WRIT PETITION NO. 3830 OF 2022
                                       Jagruti Dyaneshwar Mali
                                                                           ….Petitioner
                                                 VERSUS

                          The District Collector And District Election Officer
                                                                       …..Respondent
                                                 WITH
                                WRIT PETITION NO. 3859 OF 2022
                                                 WITH
                                WRIT PETITION NO. 3860 OF 2022

                Mr. K. B. Jadhavar, AGP for the respondent/State

                                                  CORAM : ABHAY J. MANTRI, J.
                                                        DATE : 06th AUGUST, 2026


                PER COURT :

                1.           No one appears for the petitioner/s either in the court hall

                or through VC mode when the matter is called out.

                2.           The learned AGP submitted that during pendency of this

                petition/s the term of the Gram Panchayat has expired. He tendered

                the copy of the Affidavit in reply in WP/3830/2022 sworn in 2022

                across the bar; same is taken on record.

                3.           As such, I perused the petition/s, and I found substance in

                his contention in that regard.




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                                     (2)                912wp3830.22.odt




4.               Apart from that, it seems that since 2022 the petition is

pending and the petitioner is not interested in prosecuting the same.

Hence, the petition/s are dismissed for want of prosecution.




                                           [ABHAY J. MANTRI, J. ]
VishalK/912wp3830.22.odt




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