Dr. Babasaheb Ambedkar Janaseva Samiti, Through Its Secretary Arjun Atmaram Jadhav And 5 ORS., v. State Of Goa, Through Chief Secretary And 3 ORS.,
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.142 OF 2015 ARJUN SHIVA AROSKAR ... Petitioner.
Versus
STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 4 ORS.
... Respondents.
Mr. Pranay Kamat, Advocate for the Petitioner. Mr. Pravin Faldessai, Additional Government Advocate for Respondent Nos.1 and 2.
Mr. Shashikant Joshi, Advocate for Respondent No.3. WITH WRIT PETITION NO.143 OF 2015 DAYA TUKO PAGI, PRESENTLY MEMBER OF SOUTH GOA, ZILLA PANCHAYAT AND ANR.
... Petitioners.
Versus
STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 4 ORS.
... Respondents.
Mr. Pranay Kamat, Advocate for the Petitioners. Mr. Pravin Faldessai, Additional Government Advocate for Respondent Nos.1 and 2.
Mr. Shashikant Joshi, Advocate for Respondent No.3. WITH WRIT PETITION NO.148 OF 2015 AKHIL GOMANTAK SANT ROHIDAS SAMAJ BY ITS PRESIDENT VIDHYADHAR ARLEKAR AND 3 ORS.
... Petitioners.
Versus
STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 3 ORS.
... Respondents.
Mr. Mahesh Amonkar, Advocate for the Petitioners. Ms. Neha Kholkar, Additional Government Advocate for Respondent Nos.1 and 2.
Mr. Shashikant Joshi, Advocate for Respondent No.3. WITH WRIT PETITION NO.168 OF 2015 GOA'S MOVEMENT AGAINST PANCHAYAT ORDINANCE (GMAPO) THR. ITS CONVENOR KENNEDY AFONSO ... Petitioner.
Versus
THE STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 2 ORS.
... Respondents.
Mr. Prashil Arolkar, Additional Government Advocate for Respondent Nos.1 and 2.
Mr. Shashikant Joshi, Advocate for Respondent No.3. WITH WRIT PETITION NO.174 OF 2015 WITH CIVIL APPLICATION NO.37 OF 2015 IN WRIT PETITION NO.174 OF 2015 DR. BABASAHEB AMBEDKAR JANASEVA SAMITI, THROUGH ITS SECRETARY ARJUN ATMARAM JADHAV AND 5 ORS.
... Petitioners/ Applicants.
Versus
STATE OF GOA, THROUGH CHIEF SECRETARY AND 3 ORS.
... Respondents.
Mr. Manish Salkar, Government Advocate for the Respondent-State. Mr. Shashikant Joshi, Advocate for Respondent No.4.
CORAM:
M.S. SONAK & R.N. LADDHA, JJ.
DATED:
P.C:
1.
Heard learned Counsel for the parties.
2.
On 27.01.2022, we made the following order:- "1. At least prima facie we feel that the reliefs in these petitions have been rendered infructuous. This is because these petitions were filed in the context of elections that were scheduled in the year 2015 which have already taken place. Thereafter, fresh elections to the Zilla Panchayats have taken place in December 2020.
2. Further, Mr. Joshi, learned counsel for the State Election Commission and Mr. Shirodkar, learned Additional Government Advocate pointed out that the Ordinance which was impugned in these petitions is no longer in force since, in the meanwhile the Act itself was amended. They point out that even some of the Sections of the Goa Panchayat Raj Act which were challenged as being unconstitutional have also been amended. They point out that one of the reliefs in these petitions was that the State Election Commission should carry the delimitation. They submit that as of now such powers have been given to the State Election Commission.
3. Therefore, we place these matters on 31.01.2022 on the Orders Board under the caption "for disposal/dismissal"." 3.
Today, Mr. Pranay Kamat and Mr. Mahesh Amonkar, learned Counsel for the Petitioners, agree that the reliefs in these petitions have
become infructuous. Accordingly, we dispose of these petitions as infructuous without adverting to the merits or demerits of the contentions of the parties.
4.
These petitions are accordingly disposed of.
5.
Civil applications, if any, will not survive the disposal of the main petitions, and therefore, even the civil applications are disposed of. 6.
Mr. Joshi points out that the matter at Serial No.220 of the admission board which is scheduled for tomorrow has also been rendered infructuous and may accordingly be disposed of. Since the said matter is posted tomorrow, we do not dispose it of today. However, place this matter on the board for orders/directions.
R.N. LADDHA, J.
M.S. SONAK, J.