Radhabai Chokhaji Gade v. The State Of Maharashtra And Others

2025:BHC-AUG:1935 {1} wp2459-16.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2459 OF 2016 Radhabai Chokhaji Gade PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mrs. M. L. Sangit, AGP for Respondent - State .......

[CORAM : MANJUSHA DESHPANDE, J.] DATE : 23 rd JANUARY, 2025 ORDER :

1.

Resolution dated 13th November, 2015 passed by Devjovra Gram Panchayat regarding election of Sarpanch and Upsarpanch is challenged in this Writ Petition.

2.

On earlier occasion none had appeared on behalf of the Petitioner hence, this Court had passed an order recording that none has caused appearance in the matter though it was called twice. Probably, since the matter has been rendered infructuous, it might be that neither the Petitioner nor her Advocate seem to be interested in prosecuting the matter. On the last date, it was cautioned that if nobody causes appearance on behalf of the Petitioner on the next date, the matter will proceed further. Even today, when the matter is called out, nobody appears for the

{2} wp2459-16.doc Petitioner.

3.

Learned AGP points out that since Resolution passed in the year 2015 regarding election of Sarpanch and Upsarpanch is challenged in this Petition and since 10 years have passed and two elections might have taken place thereafter, the Writ Petition has become infructuous.

4.

In view of the fact that the Writ Petition has become infructuous and since the Petitioner does not seem to be interested in prosecuting the matter, the Writ Petition is dismissed. However, liberty is granted to the petitioner that if anything survives, the Petitioner is at liberty to agitate the issue before the appropriate forum.

[ MANJUSHA DESHPANDE ] JUDGE drp/wp2459-16.doc