Nikhil Eknathrao Khadse v. Manish Ishwarlal Jain And ANR

1 EP1/11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ELECTION PETITION NO. 01 OF 2011 Nikhil Eknathrao Khadse Petitioner V E R S U S Manish Ishwarlal Jain and another Respondents Mr. S.B. Yawalkar, Advocate for the petitioner Mr. N.B. Suryawanshi, Advocate for respondent no.1 Mr. V.D. Hon, Advocate for respondent no.2 CORAM : A. V. NIRGUDE, J.

DATE : 30th JUNE, 2015 PER COURT :

1.

This Election Petition was assigned to me in September, 2012, but had never came before me till today mainly because the petitioner made no application to take up the case for hearing etc. 2.

Learned counsel for the petitioner stated that the petitioner is dead, and therefore, it is abated.

3.

Learned counsel Mr.S.B. Yawalkar for the petitioner stated that respondent no.1, who was

2 EP1/11 elected as M.L.C., has tendered his resignation in February, 2014, and the same was also accepted. Their purpose for this petition is thus over.

4.

Respondent no.1 has also filed pursis on record to inform the Court that he had resigned the post of M.L.C., and therefore, the petition should not be proceed further. The pursis is taken on record and same is marked as 'Exhibit Nos.19'.

5.

In view of these two events, learned counsel for the parties have no objection to dispose of the petition. According to them, no further formalities are required to be followed.

6.

In view of above, Election Petition No.01 of 2011 now become infructuous and stands disposed of as such.

7.

In view of above, E.P.A.P. Nos. 03 of 2012 and 04 of 2012 stand disposed of.

( A.V. NIRGUDE, J. ) SRM/30/6/15