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2023 DAILYLAW 2784 (BOM)

VINOD ARJUN WAGH v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

CA/6262/2023 · 2026-03-18

Shri N B Suryawanshi, Vaishali Patil Jadhav

body2023

Judgment text

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*1* 907-wp-5463-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 WRIT PETITION NO. 5463 OF 2023 VINOD ARJUN WAGH VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ... Ms. Preeti Ramrao Wankhade, Advocate for the petitioner Mr. S. R. Wakle, AGP for Respondents/State Mr. Yashodeep Deshmukh a/w. Ms. Vaidehi Deshmukh i/b. Mr. Anand D. Kawre, Advocate for Respondent Nos.4 and 5 ... WITH CIVIL APPLICATION NO. 13803 OF 2025 IN WP/5463/2023 ... CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 4th AUGUST 2026 P. C. :- 1. This petition is filed by a member of Respondent No.4- Association who is already expelled from the Association. The petitioner seeks directions to Respondent No.1-State of Maharashtra to conclude the action which, according to him, is already commenced vide communications dated 04.09.2020, 05.102020, 01.12.2020, 18.03.2021 and 07.06.2021. 2. When a query was made by this Court as to whether the Association is amenable to the Writ Jurisdiction, learned Narwade *2* 907-wp-5463-2023 Advocate for the petitioner placed reliance on (2015) 3 SCC 251, Board of Control for Cricket in India Vs. Cricket Association of Bihar and Others, particularly paragraphs 52 and 53 of the said decision. 3. According to us, the said reliance is misplaced and misconceived. The Respondent-Association does not discharge any public function or duty and, therefore, it cannot be termed as “State” and amenable to the Writ Jurisdiction. Even otherwise, as the election programme under challenge is of the year 2023 and the elections are already held. In this view of the matter, we are not inclined to entertain the petition filed by the expelled member of the Respondent-Association. 4. The Writ Petition is therefore dismissed as not maintainable. 5. Pending Civil Application is accordingly disposed of. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade