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Bombay High Court

CHANDRAKALA ISHWAR GAIKWADversusMADHUKAR NAVNATH BIDVE AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as infructuous because the disqualification ceases with the expiry of the panchayat’s term.

Summary

The petitioner, ChandraKala Ishwar Gaikwad, challenged his disqualification under Section 14(1)(j‑3) of the Maharashtra Village Panchayats Act, 1958. He argued that the term of the panchayat body had expired, making the disqualification co‑terminus with the body’s term and therefore no longer effective. He also relied on an interim order previously granted by this Court for protection. The respondent, the State, contended that the disqualification remained valid. The Court held that, because the panchayat’s term had ended, the petition had become infructuous and dismissed it. Consequently, the writ petition was disposed without further relief.

Issues considered

  • What is the effect of the expiry of a panchayat body’s term on a disqualification under Section 14(1)(j‑3) of the Maharashtra Village Panchayats Act, 1958?

Legislation cited

  • Maharashtra Village Panchayats Act, 1958 — s. 14(1)(j-3)

Subjects

  • disqualification
  • village panchayat
  • Section 14
  • interim order
  • infructuous
  • writ petition

Judgment

2026:BHC-AUG:41596



                                                       1
                                                                    904 WP 6923 OF 2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   904 WRIT PETITION NO. 6923 OF 2024

                                  CHANDRAKALA ISHWAR GAIKWAD
                                               VERSUS
                             MADHUKAR NAVNATH BIDVE AND OTHERS
                                                  ...
                     Mr. A. A. Khande, Advocate for the Petitioner
                     Mr. S. N. Kendre, AGP for Respondent Nos.2 and 3 – State
                                                  …
                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 8th September 2026

                     P.C. :-

                     .         The petitioner has assailed his disqualification caused
                     by the authorities under Section 14 (1)(j-3) of the
                     Maharashtra Village Panchayats Act, 1958.
                     2.        Mr. A. A. Khande, learned Advocate for the petitioner
                     submits that the term of the body is over and hence the matter
                     has become infructuous. He further points out that the
                     petitioner was protected by this Court under an interim order.
                     Suffice to note, he further submits that the disqualification
                     under Section 14(1)(j-3) of the Act is not of perennial nature
                     and considering the very text of the said clause (j-3), it would
                     be co-terminus with the term of the body itself.
                     3.        In view of this, the Writ Petition stands disposed of as
                     infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )
                     PRW


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