Bombay High Court
RAJKUMAR BHANUDAS DHURGUDEversusTHE STATE OF MAHARASHTRA THR THE CHARITY COMMISSIONER AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court disposed of the writ petition without deciding on the membership cancellation, while directing the election authority to dispatch postal ballots by Speed Post within the specified timeframe.
Summary
The petitioner, Rajkumar Bhanudas Dhurgude, challenged the cancellation of his life membership in the Maharashtra Sahitya Parishad, alleging it was retaliatory for his criticism of alleged mismanagement and election rigging. The petition also raised concerns about the conduct of the upcoming trust elections, specifically the timely dispatch of postal ballot papers to 16,607 eligible voters. The respondents, including the State of Maharashtra and the Trust, clarified that the final voters' list was published on 30 December 2025 and that postal ballots would be dispatched by Speed Post from 5 February to 12 February 2026, with a receipt deadline of 13 March 2026. The court directed the election authority to adhere to this schedule to ensure all members receive their ballots before counting on 15 March 2026. However, the court expressly refrained from expressing any opinion on the validity of the petitioner’s membership cancellation, noting that the challenge remains sub‑judice, and consequently disposed of the writ petition.
Issues considered
- Whether the cancellation of the petitioner's life membership in the Maharashtra Sahitya Parishad is legally valid.
- Whether the election authority must ensure timely dispatch and receipt of postal ballot papers for the trust elections.
Subjects
- membership cancellation
- trust election
- postal ballot
- writ petition
- Civil Appellate Jurisdiction
- Maharashtra Sahitya Parishad
- sub‑judice
Judgment
903-WP-929-2026-(C).odt
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2026.01.29
10:41:22 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 929 OF 2026
Rajkumar Bhanudas Dhurgude ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
Mr. Manish Kelkar a/w Mr. Pratik Irapatgire, Ms. Gauri Phadake,
Advocate for the Petitioner.
Mr. P.P. Kakade, Addl. G.P. a/w Ms. Priyanka Chavan, AGP for the
Respondent/State.
Mr. Nikhilesh Pote, Advocate for Respondent No.5.
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 28th JANUARY, 2026
P.C. :-
1. The Petitioner’s Membership with the Maharashtra
Sahitya Parishad, Pune, has been cancelled on 7th December, 2025.
The grievance of the Petitioner is that because he raised a voice as
against the mismanagement of the Trust and a group of persons who
had hijacked the elections and usurped the positions in the Trust as
Office Bearers, that his Membership has been terminated. He makes
a solemn statement on instructions that the Petitioner has challenged
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903-WP-929-2026-(C).odt
his removal from the Membership of the Trust before the Competent
Authority and the said proceedings are pending.
2. The learned Advocate representing Respondent
No.5/Trust, fairly makes a statement, on instructions, that the postal
ballot papers of all the Members whose Membership stands as on
the cut-off date, will be delivered from 5 th February 2026, by
following the procedure, which is usually followed in such
elections.
3. The learned Advocate for Respondent No.5/Trust
sought a short pass-over to take better instructions and submits
when the matter is called out for the second time, that the final
voters’ list was published on 30th December, 2025. The total voters
are 16607. Nomination forms were filed by the candidates desirous
of contesting the elections and the final contesting candidates list
was declared on 27th January, 2026. He further submits, on
instructions, that all the postal ballots would be dispatched through
Speed Post/R.P.A.D from 5th February, 2026.
4. This is a stage at which we feel that the Election
Authority must take appropriate steps. Let all the ballot papers be
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903-WP-929-2026-(C).odt
dispatched by Speed Post A.D, as is the statement, from
5th February, 2026 until 12th February, 2026, which means that the
Election Authority gets six days for dispatching 16607 postal
ballots. This should be sent by Speed Post A.D in order to ensure
that all the voters would receive the postal ballots keeping in view
the statement made that the last date for receiving the postal ballots
is 13th March, 2026 till 7:00 p.m. The counting is scheduled on
15th March, 2026 and the results would be declared thereafter.
5. In view of the statement and the above directions, this
Writ Petition is disposed off.
6. We record that we have not expressed any opinion on
the cancellation of Membership of the Petitioner, who claims to be a
Life Member. Since his challenge to such action is sub-judice, all
contentions of all the parties are kept open.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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