1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3675 OF 2010. Ravindra Chintawar and Others. .Vrs.. The State of Maharashtra and Others. ---------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr. H. D. Dube, Advocate for the petitioners. Mrs. Deshmukh,A.G.P. For respondent Nos. 1 and 2. Mr. D. K. Patil, Advocate for respondent Nos. 3 and 5.) -0-0- CORAM : R. K. DESHPANDE,J. DATED : 26TH September, 2011. The petitioners were disqualified from their position in Grampanchayat, by an order dated 22nd July, 2010, passed by the Additional Commissioner, Amravati, under Section 39(1) of the Bombay Village and Panchayat Act, 1958. This order was the subject matter of challenge in Appeal, before the State Government, at the instance of the petitioners. In the Appeal, the Appellate Authority refused to grant stay to the order of disqualification, dated 22nd July, 2010. Hence, this Writ Petition was preferred. On 05th August, 2010, this Court has passed an order , as under :- 2 ” Coram – B.P Dharmadhikari,J. Dated - August 05, 2010. Heard Shri Dubey, learned Counsel for the petitioners. Notice for final disposal, returnable on 25th August, 2010. The elections being conducted on 08.08.2010 shall be subject to further orders of this Court in the matter. Shri Patel, learned AGP waives notice for respondents No.1 & 2.” It is informed by the learned Counsel for the parties, that the Appeal filed by the petitioners before the State Government, has been allowed on 18.08.2010 and the petitioners are directed to be restored in their position. However, in the meantime, elections were held on 08.08.2010, on the ground that the tenure of the earlier body had expired. Although the petitioner Nos. 2 and 3 had submitted their nomination papers, the same were rejected on the ground that the order of disqualification was operating against them. The other petitioners could not submit the nomination for the same reason. Hence, in this petition relief is claimed that the elections held on 08.08.2010 be quashed and set aside and further directions be given to hold the fresh elections of Grampanchayat, Arni, District 3 Yavatmal. The petition was against an order refusing to grant an interim relief in the Appeal filed before the State Government. The Appeal has been allowed, as a result, the petition has become infructuous. The relief which the petitioners wanted in this petition, was granted by the State Government in the Appeal decided on 18.08.2010. In view of this, it will be open for the petitioners, to take all such necessary steps which are available in accordance with law, for setting aside the election held on 08.08.2010. However, since this petition become infructuous, no orders can be passed in this petition. In view of above, the petition is dismissed. No order as to costs. JUDGE Deshmukh