Vishwanath Fakira Paikrao & ... vs The State Of Mah & Others
2016 Latest Caselaw 5131 Bom

                                                           1                        wp1307.05

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                         
                                       NAGPUR BENCH : NAGPUR




                                                                 
                               WRIT PETITION NO.1307 OF  2005

    1)      Vishwanath Fakira Paikrao,
            aged about 54 years, occupation :




                                                                
            Social Worker, resident of 
            Ward No. 16, near Tahsil Office,
            Pusad, District Yavatmal. 

    2)      Laxman Thakaji Kamble,




                                                          
            aged about 50 years, occupation :
            agriculturist, resident of 
                                   
            Shembalpipri, Tahsil Pusad, 
            District Yavatmal.                                 ...            Petitioners 
                                  
                      - Versus -

    1)      The State of Maharashtra, through
            its Secretary, Rural and Urban
            Development Department, Mantralaya,
      


            Mumbai - 32. 
   



    2)      The Collector, Yavatmal.

    3)      Sub-Divisional Officer, Pusad,
            Tahsil Pusad, District Yavatmal. 





    4)      The State Election Commissioner,
            Maharashtra State, Mumbai - 32.                    ...            Respondents


                                       -----------------





    Shri   V.P. Maldhure, Assistant Government Pleader for respondent nos.1
    to 3.
                                       ----------------

                                              CORAM :   SMT. VASANTI A  NAIK AND 
                                                        KUM. INDIRA JAIN, JJ.

DATED : AUGUST 31, 2016

2 wp1307.05

ORAL JUDGMENT (PER SMT. VASANTI A NAIK , J.) :

By this writ petition, the petitioners challenge the notification

issued by the respondent no.2, dated 25/2/2005 by which the election

programme was declared. The petitioners also seek a direction against the

respondents to take a fresh survey of the entire region of Yavatmal District

for holding election of Gram Panchayat, Pusad in the month of April 2005.

By amending the writ petition, the petitioners challenge the notification

dated 13/3/2005 in respect of the elections of the Gram Panchayat of

Tahsil Pusad.

2) On a reading of the writ petition and the prayers referred to

hereinabove, it appears that the cause for filing the writ petition is

rendered infructuous due to passage of time. The term of Office of

Membership of Gram Panchayat is five years and more than ten years have

lapsed from the date of filing of the writ petition.

3) Since the cause for filing the writ petition is rendered

infructuous, we dismiss the writ petition with no order as to costs. Rule

stands discharged.

                       JUDGE                                                     JUDGE

    khj





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    Kamal H. Jeswani                                    01/09/2016
    Private Secretary