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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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