Case Note & Summary
The petitioner, Abdul Rahim Abdul Karim Bagwan, a councilor of the Municipal Council, Manvat, filed a writ petition challenging the constitutional validity of Rule 2(A)(b)(i) and Clause (i) of the Maharashtra Municipal Councils, Nagar Panchayat (President Election) Rules. However, during the pendency of the petition, the elected term of the office bearers and members of the Municipal Council came to an end. The court observed that this development rendered the challenge infructuous. Consequently, the court did not take up the constitutional validity issue for consideration. The petition was disposed of as infructuous, with liberty granted to the petitioner or any other person to raise the same challenge in an appropriate petition if an occasion arises. The rule was discharged, and no order as to costs was made.
Headnote
A) Constitutional Law - Writ Jurisdiction - Infructuous Petition - Expiry of Elected Term - The challenge raised in the writ petition became infructuous as the elected term of office bearers and members of the Municipal Council had already come to an end. The court declined to consider the constitutional validity of the impugned rules and disposed of the petition as infructuous, granting liberty to raise the challenge in an appropriate petition if occasion arises. (Para 1)
Issue of Consideration
Whether the challenge to the constitutional validity of Rule 2(A)(b)(i) and Clause (i) of the Maharashtra Municipal Councils, Nagar Panchayat (President Election) Rules survives after the expiry of the elected term of the Municipal Council.
Final Decision
Writ Petition disposed of as infructuous. Rule discharged. No order as to costs. Liberty granted to raise challenge in appropriate petition if occasion arises.
Law Points
- Writ petition becomes infructuous when the elected term of office bearers and members of the Municipal Council has come to an end
- Challenge to constitutional validity of rules not considered due to infructuousness
- Liberty granted to raise challenge in appropriate proceedings
Case Details
2014 LawText (BOM) (09) 14
WRIT PETITION NO.3108 of 2009
Mr. P.B. Gapat for petitioner, Mr. V.D. Godbharle A.G.P. for Respondent No.1, Mr. S.T. Shelke for respondent No.3, Mr. M.P. Tripathi for respondent No.4
Abdul Rahim Abdul Karim Bagwan
The State of Maharashtra, The Collector, Parbhani, The State Election Commission, The Manvat Municipal Council
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Nature of Litigation
Writ petition challenging constitutional validity of election rules
Remedy Sought
Challenge to the constitutional validity of Rule 2(A)(b)(i) and Clause (i) of the Maharashtra Municipal Councils, Nagar Panchayat (President Election) Rules
Filing Reason
Petitioner, a councilor, challenged the validity of certain election rules
Issues
Whether the challenge to the constitutional validity of the election rules survives after the expiry of the elected term of the Municipal Council
Ratio Decidendi
A writ petition challenging election rules becomes infructuous when the elected term of the municipal council has expired, and the court will not consider the constitutional validity of the rules in such a situation.
Judgment Excerpts
The elected term of office bearers of the Municipal Council and members of the Municipal Council has already come to an end thereby rendering the challenge raised in the instant petition infructuous.
So far as challenge raised to the constitutional validity of the provisions of Rule 2(A)(b)(i) and Clause (i) of The Maharashtra Municipal Councils, Nagar Panchayat (President Election) Rules is concerned, the same is not taken up for consideration in the instant petition and it would be open for the petitioner or any other person to raise identical challenge in an appropriate petition if occasion arises.
Procedural History
The petitioner filed Writ Petition No.3108 of 2009 challenging the constitutional validity of certain election rules. During the pendency of the petition, the elected term of the Municipal Council expired. The court disposed of the petition as infructuous on 11 September 2014.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayat (President Election) Rules: Rule 2(A)(b)(i), Clause (i)
