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Bombay High Court

GANESH RUPSING PARADKE AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR AND OTHERS

Disposal
DISPOSED OFF

Holding

The petitions were held to be infructuous and were disposed of.

Summary

Petitioners, who were elected members, filed two writ petitions challenging actions of the State of Maharashtra. During the hearing, it was pointed out that the petitioners' term of office had expired in 2024. The court examined whether the petitions could continue to be entertained after the petitioners ceased to be office-bearers. It held that with the termination of their elected tenure, the petitioners no longer possessed the requisite locus standi. Consequently, the court declared the petitions infructuous and disposed of them.

Issues considered

  • Whether the writ petitions remain maintainable after the petitioners' term of office has ended

Subjects

  • writ petition
  • infructuous
  • locus standi
  • elected members
  • termination of term

Judgment

2026:BHC-AUG:38265

                                                                     9723.2023WP+

                                                1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             39 WRIT PETITION NO. 9723 OF 2023
                              SUHAS VECHYA NAIK AND OTHERS
                                          VERSUS
                      THE STATE OF MAHARASHTRA THROUGH THE DEPUTY
                                   COLLECTOR AND OTHERS
                                               AND
                                WRIT PETITION NO. 9667 OF 2023
                           GANESH RUPSING PARADKE AND ANOTHER
                                          VERSUS
                      THE STATE OF MAHARASHTRA THROUGH THE DEPUTY
                                   COLLECTOR AND OTHERS
                                                ...
                 Advocate for the Petitioner : Mr. Syed G.R.
                 AGP for Respondent/State : Mr.S.J. Salgare
                 Advocate for Respondent no.3 : Mr. Warma B.R.
                                                    ...
                                      CORAM :         VAISHALI PATIL-JADHAV,J.

                                      DATE      :     24.08.2026

                 P.C. :
                 1.         Writ Petition No.9667 of 2023 not on board. On
                 being mentioned, taken on board.
                 2.         Learned Advocate for the petitioners submits that
                 the term of the petitioners as elected members has come to
                 an end in the year 2024 and the petitions have become
                 infructuous.
                 3.         In view of the same, the petitions stand disposed
                 of as infructuous.


                                              [VAISHALI PATIL-JADHAV]
                                                       JUDGE
                 SGA


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