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Bombay High Court

SUNIL TUKARAM BORHADEversusCOLLECTOR, PUNE AND ORS.

Decided
Disposal
Dismissed

Holding

The petition is dismissed for non‑prosecution and any interim relief is vacated.

Summary

Sunil Tukaram Borhade filed a writ petition challenging his disqualification under section 14 of the Bombay Village Panchayats Act, 1958, seeking interim relief. The Collector had found him disqualified, an order confirmed by the Additional Commissioner. The petitioner applied for interim relief, but no advocate appeared on the scheduled dates. The court noted the petitioner’s lack of interest and non‑appearance, and consequently dismissed the petition for non‑prosecution, vacating any interim relief that might have been granted.

Issues considered

  • Whether the petitioner is disqualified under section 14 of the Bombay Village Panchayats Act, 1958
  • Whether interim relief can be granted pending confirmation of the disqualification

Legislation cited

  • Bombay Village Panchayats Act, 1958 — s. 14

Subjects

  • disqualification
  • Bombay Village Panchayats Act
  • interim relief
  • writ petition
  • non‑prosecution

Judgment

                                                                              18-WP-821-2007.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 821 OF 2007

                   Sunil Tukaram Borhade                                              ...Petitioner
                               Versus
                   Collector, Pune And Ors.                                           ...Respondents

SNEHA                                                         ****
NITIN              None for the Petitioner.
CHAVAN
                   Ms. Sulbha Chipade, AGP for Respondent/State.
Digitally signed
by SNEHA
NITIN CHAVAN
                                                   ****
Date: 2026.07.27
17:30:15 +0530
                                                   CORAM :        M.M. SATHAYE, J.
                                                     DATE :       27th JULY, 2026

                   P.C. :


                   1.             On 13.07.2026, following order was passed.
                                  “1. None for the Petitioner.       While admitting the petition on
                                  07.02.2007, following order was passed.
                                            “1. Rule.
                                            2. I have heard the learned Advocate for the Petitioner
                                            on grant of interim relief. The finding recorded by the
                                            Collector    is   that    the    Petitioner      has        incurred
                                            disqualification u/s 14 of the Bombay Village Panchayats
                                            Act, 1958. The said order has been confirmed in appeal
                                            by the learned Additional Commissioner. The order of
                                            disqualification has already taken effect.             Hence, the
                                            prayer for interim relief is rejected.”
                                  2. Nobody is appearing for Petitioner.
                                  3. Stand over to 27.07.2026 as a final opportunity to the Petitioner
                                  to appear and contest. To be listed for ‘dismissal’.”


                   2.             Today the matter is listed for dismissal. However, nobody is



                   Sneha Chavan                                                                     1
                                                     18-WP-821-2007.doc



appearing for the Petitioner.         It appears that the Petitioner is not
interested in proceeding with the matter.
3.             Writ Petition is dismissed for non prosecution. Interim/ad-
interim relief, if any, stands vacated.
4.             All concerned to act on duly authenticated or digitally signed
copy of this order.


                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                              2


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