Bombay High Court

BALASAHEB BABURAO UNDEversusELECTION COMMISSIONER OF INDIA THROUGH PRINCIPAL SECRETARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as infructuous because the elections have already been held.

Summary

Balasaheb Baburao Unde filed a writ petition challenging Condition No.2 of a notification dated 18 May 2026 issued by the Election Commissioner of India. The petitioner contended that the condition was unlawful. The Court observed that the elections had already been held, making the relief sought moot. Accordingly, the petition was held infructuous and disposed of. The Court, however, granted the petitioner liberty to raise the challenge again if a similar situation arises in the future.

Issues considered

Whether Condition No.2 of the 18 May 2026 notification can be challenged in a writ petition when the elections have already been conducted.

Subjects

election law
notification
writ petition
infructuous
Election Commissioner of India

Judgment

2026:BHC-AUG:39672-DB


                                                   {1}                    12-wp-5695-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     12 WRIT PETITION NO. 5695 OF 2026

                                       Balasaheb Baburao Unde
                                               VERSUS
                  Election Commissioner Of India Through Principal Secretary And
                                               Another
                                                   ...
              Mr. V.P. Latange h/f Mr. P.S. Gaikwad, Advocate for the Petitioner
              Mr. Alok Sharma, Advocate for Respondents
                                                 .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                             DATE : 31st AUGUST, 2026
              PER COURT :

              1.       In view of holding of elections subsequently, nothing survives in

              the petition.

              2.       Learned Advocate for the Petitioner submits that he has

              challenged the condition No. 2 of the notification dated 18.05.2026.

              3.       The Writ Petition is therefore disposed of as infructuous.

              4.       Petitioner is granted liberty to challenge the said condition if

              need arises in future.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)




              Bhagyawant Punde

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