Bombay High Court

SUVARNA KASHINATH KALEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: ABASAHEB D SHINDE

Holding

The petition was dismissed as infructuous because the petitioner no longer held the office of Sarpanch.

Summary

The petitioner, Suvarna Kashinath Kale, filed a writ petition challenging a decision affecting his position as Sarpanch. During the hearing, counsel for the petitioner argued that the petition should proceed despite the expiration of his term. The respondent, the State of Maharashtra, contended that the petition was no longer maintainable because the petitioner no longer held the office in question. The Court examined whether the expiry of the Sarpanch's term rendered the petition infructuous. Finding that the petitioner no longer possessed the statutory interest required to sustain the writ, the Court held that the petition could not proceed. Consequently, the writ petition was dismissed as infructuous. The order reflects the principle that a petition must be based on a live right or interest.

Issues considered

Whether a writ petition remains maintainable when the petitioner’s term of office has expired

Subjects

writ petition
jurisdiction
term expiry
Sarpanch
infructuous
High Court of Bombay

Judgment

2026:BHC-AUG:7956
                                           1                         942.WP.9812.24.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             WRIT PETITION NO. 9812 OF 2024

                                 SUVARNA KASHINATH KALE
                                         VERSUS
                          THE STATE OF MAHARASHTRA THROUGH
                                ITS SECRETARY AND OTHERS

                                               ...
             Advocate for the Petitioner: Mr. Akash Rodge h/f. Mr. Mahesh P. Kale
                           AGP for Respondents: Mr. P.K. Lakhotiya
                                               ...

                                 CORAM         :   ABASAHEB D. SHINDE, J.


                                 DATE          : 20.02.2026


             PER COURT:

             1.          Learned counsel Mr. Rodge, holding for Mr. Kale,

             submits that by virtue of the fact that the term of the petitioner as

             Sarpanch have expired, nothing survives in the writ petition.

             2.          In that view of the matter, the writ petition stands

             disposed of as infructuous.




                                                (ABASAHEB D. SHINDE, J.)


             habeeb/

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