Bombay High Court

MAZINA GERALDINA CALUDINA FERNANDES.,versusBERNADET FERNANDES AND 2 ORS.,

Disposal: Withdrawn

Holding

The petition is dismissed as withdrawn, but the contentions are kept open for the petitioner to agitate in any future cause.

Summary

The petitioner, Mazina Geraldina Caludina Fernandes, filed a writ petition challenging the validity of the OBC certificate used by Respondent No.1, Bernadet Fernandes, to claim OBC status in an election. The petitioner’s counsel argued that the challenge had become moot because the term for which Respondent No.1 was elected had already expired, but requested that the court keep the issue alive in case the certificate is used in future elections or appointments. The court noted that, given the expiration of the term, the reliefs sought were no longer applicable. Consequently, the court dismissed the petition as withdrawn while expressly preserving the petitioner’s right to raise the same contentions if a future cause arises. The judgment therefore leaves the matter open for future litigation but provides no immediate relief.

Issues considered

Whether the writ petition is maintainable when the elected term of the respondent has expired.
Whether the court can dismiss the petition as withdrawn while preserving the petitioner’s right to re‑file in the future.

Subjects

OBC certificate
election
writ petition
challenge
withdrawal
future relief

Judgment

                               26-WP-809-2023.DOC




Suchitra

            IN THE HIGH COURT OF BOMBAY AT GOA

                      WRIT PETITION NO.809/2023


 MAZINA GERALDINA
 CALUDINA FERNANDES                                  … PETITIONER

             Versus

 BERNADET FERNANDES AND 2 ORS.                       … RESPONDENTS


 Mr Byron Rodrigues, Advocate for the Petitioner (thr VC).
 Mr Vinoj Daniel, Advocate for Respondent No.1 (thr VC)

 Ms Maria Correia,             Additional    Government   Advocate   for
 Respondent No.2.

 Mr P. Faldessai, DSGI for Respondent No.3.


                      CORAM:             VALMIKI MENEZES &
                                         S. G. CHAPALGAONKAR, JJ.

                      DATED:             31st AUGUST 2026

 P.C. :


1.         Learned Advocate for the Petitioner submits that the
challenge in the Petition is rendered infructuous, considering that
the term for which the Respondent No.1 was elected, has long
expired. He however, requests the Court to keep the challenge
open, in case in future the Respondent No.1 would make use of
the same certificate/s for claiming the status of OBC in any future
election or to any post.



                                     Page 1 of 2
                                  31st August 2026
                                                             26-WP-809-2023.DOC




                                  2.    Considering that the reliefs sought in the Petition are now
                                  rendered infructuous, the same is dismissed as withdrawn. All
                                  contentions raised in the Petition are kept open for the Petitioner
                                  to agitate in case a future cause arises.



                                   S. G. CHAPALGAONKAR, J.                    VALMIKI MENEZES, J.




Signed by: SUCHITRA NANDAN                                         Page 2 of 2
SINGBAL                                                         31st August 2026
Designation: Personal Assistant
Date: 01/09/2026 10:23:36

Continue reading with your account

Checking your session…