Bombay High Court
MADHAV DATTARAO WAGHMAREversusTHE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition was dismissed as the tenure of the Village Panchayat had ended, rendering the relief sought moot.
Summary
Petitioner Madhav Dattarao Waghmare filed a writ petition seeking the disqualification of Respondent No.5, a democratically elected member of the Village Panchayat elected in 2021. The petition was repeatedly adjourned as the petitioner failed to appear, and the court noted that the tenure of the local body had already expired. Consequently, the court found that there was no substantive relief left to grant. The petition was therefore dismissed with a cost order of Rs.15,000 payable within four weeks, failing which the amount would be recovered as land revenue. The dismissal was based on the mootness of the relief sought due to the lapse of the Panchayat’s tenure.
Issues considered
- The petition seeks disqualification of a Village Panchayat member elected in 2021.
Subjects
- disqualification
- Village Panchayat
- writ petition
- tenure expiry
- cost order
Judgment
2026:BHC-AUG:38518
(1) 2 WP 9441 OF 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
2 WRIT PETITION NO. 9441 OF 2024
MADHAV DATTARAO WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR AND
OTHERS
...
Mr. R. K. Ingole, AGP for Respondent No.1 – State
Mr. S. B. Pulkundwar, Advocate for Respondent No.2
…
CORAM : AJIT B. KADETHANKAR, J.
DATE : 24.08.2026
PER COURT :-
. On 23.09.2025, this matter was called out twice during the day.
However, none appeared for the petitioner. Thereafter, the matter was posted
to 07.08.2026. On that day also, nobody appeared for the petitioner. This
Court therefore kept the matter for dismissal on 21.08.2026. On 21.08.2026, a
request was advanced on behalf of Mr. A. D. Raut, learned Advocate to keep
this matter on 24.08.2026. Accordingly, this matter was kept on 24.08.2026.
In the first session, when the matter was called out nobody appeared for the
petitioner. Hence, the matter was kept in the second session. In the second
session also, there is no one to prosecute the writ petition.
(2) 2 WP 9441 OF 2024
2. With the able assistance of learned Advocate for Zilla Parishad
and learned AGP, I have gone through the writ petition papers. The petitioner
has sought disqualification of respondent No.5, who was democratically
elected in the general elections to the Village Panchayat conducted in 2021.
The tenure of the local body is over by now. In view of this, nothing remains in
this writ petition.
3. The Writ Petition stands dismissed with cost of Rs.15,000/-. If the
cost is not deposited within four weeks from today, the same shall be
recovered as land revenue from the petitioner.
[AJIT B. KADETHANKAR, J.]
PRW
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