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Bombay High CourtWP/10016/2015allowed to be withdrawn

Shri. Sachin Dattatray Pote v. The Commissioner, Kalyan Dombivali Municipal Corporation And ORS.

2016-02-23Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka2 pages

ash wp-10016.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10016 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Balkrishna G. Tangsali for the Petitioner. Shri A.S. Rao for the Respondent No.1.

Shri V.B. Thadhani, AGP for the Respondent No.3. - CORAM :

A.S. OKA & C.V. BHADANG, JJ DATED :

23RD FEBRUARY 2016 P.C.:

.

The Petitioner filed nomination paper for contesting the General Body Election of the Kalyan Dombivali Municipal Corporation which was held in October 2015. The nomination paper of the Petitioner was rejected on the basis of the impugned order dated 6th October 2015 (Exhibit-I to the Petition). The learned counsel appearing for the Petitioner states that an election dispute has been filed by the Petitioner for challenging the order of the rejection of nomination paper and the result of

ash wp-10016.15 the election. The dispute is pending before the appropriate Court. He, therefore, seeks permission to withdraw this Petition with liberty to prosecute the Election Dispute. Accordingly, the Writ Petition is disposed of as withdrawn with liberty as prayed. 2.

All contentions of the parties on merits are kept open.

3.

In view of this order, the Civil Application No.3090 of 2015 does not survive and the same is disposed of.

(C.V. BHADANG, J) (A.S.OKA, J)