1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2952 OF 2001 Smt.Nirmala Shyamsunder Agarwal ..... Petitioner V/s. State of Maharashtra and Ors. ...... Respondents Mr.H.G.Desai i/by Mr.Manoj Bhatt, for the petitioner. Mrs.M.Kagle, A.G.P., for the State. Ms.Gharpure, for the respondent – B.M.C. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JUNE 09, 2009 P.C. 1. The main prayer made in the petition in Para 29(a) reads thus : (a) that this Hon’ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order and direction in the nature of writ under Article 226 of the Constitution of India and call for the records and proceedings of Respondent No.4 with regard to the reservation of seats by drawing lots adopted by Respondent No.3 and 4 for its forthcoming election for the term 2002-2007 and after going through the legality and propriety thereof, be pleased to quash and set aside the same. 2. Another prayer made in the petition is in connection with 2 the Notification issued on 15-11-2001. The petitioner has also challenged the provisions of Section 5A(4)(a) of the Bombay Municipal Corporation Act, on the ground that the same is ultra-vires and unconstitutional. 3. This writ petition is filed in the year 2001 and the main prayers i.e. (a) and (b) made in the petition have become infructous as the same relate to the election for the term 2002-2007. Even subsequently, elections have also been held and the said term is to be over in the year 2012. Since the substantial prayers made in the petition have become infructous as it relate to the term of 2002-2007 and even thereafter, fresh elections have been held in the year 2007, which is not challenged before us, in our view, it is not necessary to examine the prayer about Section 5A(4)(a), as the main prayers have become infructous. We keep the said challenge open in case the petitioner has any grievance in this behalf. Suffice to say that at present, it cannot be said that the petitioner is having subsisting grievance which is required to be adjudicated. In view of what is stated above, all the questions raised in this petition are kept open. We dispose of the petition as having become infructous with liberty to the petitioner to raise these points at an appropriate stage. Rule discharged. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)