Citation : 2026 Latest Caselaw 153 Bom
Judgement Date : 8 January, 2026
3.WP/705/2025
Damyanti Vs. Sanjay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 705 OF 2025
WITH
INTERIM APPLICATION NO. 3868 OF 2024
IN
WRIT PETITION NO. 705 OF 2025
WITH
INTERIM APPLICATION NO. 3867 OF 2024
IN
WRIT PETITION NO. 705 OF 2025
WITH
CONTEMPT PETITION IN WRIT PETITION (L) NO. 35155 OF 2024
IN
WRIT PETITION NO. 705 OF 2025
WITH
IN PERSON APPLICATION (L) NO. 33563 OF 2024
IN
WRIT PETITION NO. 705 OF 2025
WITH
INTERIM APPLICATION (L) NO. 36529 OF 2024
IN
WRIT PETITION NO. 705 OF 2025
Damyanti R. Pujara .. Petitioner
Versus
Sanjay Ugvekar, Returning/Panel Officer of
S.C.E.A. (State Co-op Election Authority) & Ors. .. Respondents
______________________________________
Ms. Damyanti R. Pujara, Petitioner/Applicant-in-person.
Mr. Anilkumar Patil for Respondent No. 2.
Mr. Manish Upadhye, AGP for Respondent No. 4 and 5 (State of
Maharashtra)
_______________________________________
Page 1 of 5
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Order dated 8th January 2026
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3.WP/705/2025
Damyanti Vs. Sanjay
CORAM : FARHAN P. DUBASH, J.
DATE : 8th JANUARY 2026 P.C.:
1. The Petitioner Ms. Damyanti R. Pujara appears in person and
states that she is not desirous of engaging an Advocate and instead, insists on
appearing and arguing the matter in person. On inquiry from this Court as to
whether she has obtained the necessary permission to appear in person in
the present Writ Petition, as stipulated under Rules 1 and 2 of Chapter LVIII-
A of the Bombay High Court (Original Side) Rules, 1980 (which require such
a party who seeks to appear in person to file an application seeking such
permission from a Committee constituted for this purpose), she states that no
such permission is required since she has already been permitted by the
Hon'ble Supreme Court to appear in the present Writ Petition and argue the
same in person. In support, she relies on the order dated 9 th July 2025 passed
by the Hon'ble Supreme Court. For the sake of convenience, the relevant
portion of the said order that she relies on, is reproduced hereunder:
"The Petitioner has argued that there is an urgency in the matter. Presently, we do not see any reason to interfere with the matter for the reasons stated above, however, we request the High Court to look into the submissions made by the Petitioner and dispose of the matter as expeditiously as possible".
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Order dated 8th January 2026
3.WP/705/2025 Damyanti Vs. Sanjay
2. A perusal of the above order reveals that the Hon'ble Supreme
Court has merely requested this Court to look into the submissions made by
the Petitioner, which cannot be read to mean that the Hon'ble Supreme Court
has permitted the Petitioner to appear and argue in person.
3. The Petitioner also relies on the another order dated 28 th
September 2018 passed by the Hon'ble Supreme Court in SLP (C) No.
3523/2018 (arising out of impugned final judgment and order dated 09 th
August 2017 in CA No. 2057/2017 passed by this Court) and states that
since the Hon'ble Supreme Court has permitted her to appear in person in
the said matter as more particularly recorded therein she is also entitled to
appear in person in the present Writ Petition. This submission cannot be
accepted inasmuch as a perusal of the said order clearly reveals that the
Hon'ble Supreme Court had permitted the Petitioner to appear in person only
in the said matter after considering the peculiar facts and circumstances that
had arisen therein and the said order cannot be read and/or interpreted to
mean that in all other/subsequent legal proceedings, the Petitioner is entitled
to appear and argue in person, as a matter of right.
4. In fact, the attention of this Court is invited to an Office Report
bearing No. R(J-I)/PIP/OS/2025 submitted by the Registrar (Judicial-I) and
Registrar (Judicial-II) being the Committee constituted under Chapter LVIII-A
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Order dated 8th January 2026
3.WP/705/2025 Damyanti Vs. Sanjay
of the Bombay High Court (Original Side) Rules, 1980 which contains the
following opinion:
"The interaction of Petitioner Smt. Damyanti R. Pujara was scheduled for 01.02.2025.
On 31.01.2025, the Petitioner Smt. Damyanti R. Pujara had come in the office of Registrar (Judicial-I) along with her daughter. She has flatly refused to remain present on scheduled date on the ground that there is no need of permission in view of earlier orders. Therefore, the Committee was unable to interact with the Petitioner and the Committee was unable to record its opinion in respect of her as a party in person"
5. Considering the above position, this Court is of the view that
unless and until the Petitioner obtains the necessary permission from the
Committee permitting her to appear in person, she cannot insist on
appearing in person in the present Writ Petition.
6. Accordingly, the Petitioner is directed to obtain the necessary
permission/sanction from the Committee if she so desirous of appearing in
person in the present Writ Petition.
7. However, considering the order dated 9 th July 2025 wherein, the
Hon'ble Supreme Court has requested this Court to hear and dispose of the
matter as expeditiously as possible, list the above Writ Petition for further
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Order dated 8th January 2026
3.WP/705/2025 Damyanti Vs. Sanjay
directions on 22nd January 2026 before which date, the Petitioner may
approach the said Committee and obtain the necessary order.
8. List the matter on 22nd January 2026.
9. After this order was dictated in open Court in the presence of the
parties, the Petitioner seeks a stay of this order for a period of four weeks so
as to enable her to challenge the same in the Hon'ble Supreme Court.
However, considering the above order that has been passed, the same cannot
be stayed and accordingly, the request made by the Petitioner is rejected.
JYOTI by JYOTI PRAKASH PRAKASH PAWAR PAWAR Date: 2026.01.09 11:13:16 +0530 ( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
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Order dated 8th January 2026
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