Subhash Ramkishan Agarwal v. Gautam Sukhdev Chabuskar And ANR And Returning Officer (Applicant)

902 aep 21-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION NO. 21 OF 2015 IN ELECTION PETITION NO. 17 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.U.S.Upadhyay, A.G.P. a/w Ms.Kavita Solunke, A.G.P. for the Applicant.

Mr.D.S.Patil along with Mr.B.G.Ligade for the petitioner Mr.Pramod Nanasaheb Patil along with Mr.Ajit Hon for the respondent no.1.

CORAM : K. K. TATED, J.

DATED : 23/12/2016 P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by Returning Officer for deleting their names from the Election Petition No. 17 of 2014 relying on the following judgments.

i) Jyoti Basu V/s. Debi Ghosal. AIR 1982 SC 988 ii) Sundra Rama Reddy V/s. Election Commissioner of India, 1991-Suppl. 2 SCC 624.

iii) Michael Fernandes v/s. C.K. Jaffar Sharif & Ors. (C.A. 1318 of 2001) iv) Bombay High Court in Election Petition No. 06 of 2009 in which the Hon'ble Supreme Court has held that the Election Commission of India cannot be Sneha Chavan 1/2

902 aep 21-15=.doc impleaded as Party Respondent."

Considering this fact and as the application No. 16 of 2015 filed by the Respondent No.1 allowed by this Court today and dismissed the Election Petition, nothing survives in the present application.

Hence, application stands disposed of as infructuous.

(K.K.TATED, J.) Sneha Chavan 2/2