SUNNY v. The State of Maharashtra & Ors.
Case at a glance
Outcome
Disposed of
Writ Petition is disposed off
Judgment
Mr. Manish Kelkar a/w Mr. Pratik Irapatgire, Ms. Gauri Phadake, Advocate for the Petitioner. Mr. P.P. Kakade, Addl. G.P. a/w Ms. Priyanka Chavan, AGP for the Respondent/State. Mr. Nikhilesh Pote, Advocate for Respondent No.5. CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ. DATE : 28th JANUARY, 2026 P.C. :-
The Petitioner’s Membership with the Maharashtra Sahitya Parishad, Pune, has been cancelled on 7th December, 2025. The grievance of the Petitioner is that because he raised a voice as against the mismanagement of the Trust and a group of persons who had hijacked the elections and usurped the positions in the Trust as Office Bearers, that his Membership has been terminated. He makes a solemn statement on instructions that the Petitioner has challenged SUNNY THOTE 1 of 3 903-WP-929-2026-(C).odt his removal from the Membership of the Trust before the Competent Authority and the said proceedings are pending.
The learned Advocate representing Respondent No.5/Trust, fairly makes a statement, on instructions, that the postal ballot papers of all the Members whose Membership stands as on the cut-off date, will be delivered from 5th February 2026, by following the procedure, which is usually followed in such elections.
The learned Advocate for Respondent No.5/Trust sought a short pass-over to take better instructions and submits when the matter is called out for the second time, that the final voters’ list was published on 30th December, 2025. The total voters are 16607. Nomination forms were filed by the candidates desirous of contesting the elections and the final contesting candidates list was declared on 27th January, 2026. He further submits, on instructions, that all the postal ballots would be dispatched through Speed Post/R.P.A.D from 5th February, 2026.
This is a stage at which we feel that the Election Authority must take appropriate steps. Let all the ballot papers be SUNNY THOTE 2 of 3 903-WP-929-2026-(C).odt dispatched by Speed Post A.D, as is the statement, from 5th February, 2026 until 12th February, 2026, which means that the Election Authority gets six days for dispatching 16607 postal ballots. This should be sent by Speed Post A.D in order to ensure that all the voters would receive the postal ballots keeping in view the statement made that the last date for receiving the postal ballots is 13th March, 2026 till 7:00 p.m. The counting is scheduled on 15th March, 2026 and the results would be declared thereafter.
Operative part
In view of the statement and the above directions, this Writ Petition is disposed off.
We record that we have not expressed any opinion on the cancellation of Membership of the Petitioner, who claims to be a Life Member. Since his challenge to such action is sub-judice, all contentions of all the parties are kept open. (ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE 3 of 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ Petition is disposed off
Which court decided this case, and when?
Bombay High Court, on 28 Jan 2026. The bench was ABHAY MANTRI, RAVINDRA V GHUGE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.