Ashok Rambhau Panchal And Others v. The Maharashtra State Election Commission Through The State Election Commissioner And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11894 OF 2017 ASHOK RAMBHAU PANCHAL AND OTHERS.

-VERSUSTHE MAHARASHTRA STATE ELECTION COMMISSION AND OTHERS. ...

Shri Nimbalkar Aniruddha, Advocate for the Petitioners. Shri N.T.Bhagat, AGP, for the Respondents/ State. Shri S.T. Shelke, Advocate for the Respondent/ Election Commission. ...

WITH WRIT PETITION NO. 11919 OF 2017 SOMITRA VITTHAL TORADMAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri Bora Satyajit S., Advocate for the Petitioner. Shri S.N.Kendre, AGP for the Respondents/ State. Shri M B Bharaswadkar, Advocate for the Respondents/ Election Commission.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 28th September, 2017 Per Court:

The first Writ Petition No.11894/2017 was in fact heard on 27.09.2017 and an order was dictated in the open court, thereby disposing off the petition. Before the said order could be signed, Shri Nimbalkar, learned Advocate for the Petitioners, has mentioned the said

*2* matter for the reason that the connected Writ Petition No.11919/2017, which is the second Writ Petition herein, is before the Court today. The Petitioner- Ashok Panchal and two others in the first petition are challenging the validation of the nomination form of Respondent No.3 (Somitra Toradmal) on the ground that Respondent No.3 has three children and one is born beyond the cut off date. Smt.Somitra Toradmal is the Petitioner in the second Writ Petition No.11919/2017, who is also challenging the validation of the nomination form of Respondent No.4 (Ashok Panchal) on the ground that Respondent No.4 has also three children and one child is born after the cut off date.

The learned Advocates for the respective Petitioners in both petitions submit that they are withdrawing these petitions and both are also withdrawing their nomination forms and would not enter the election fray, which is scheduled on 07.10.2017.

Considering the above, both these Petitioners are permitted to withdraw their Writ Petitions. The statement made by the Petitioners (Ashok Panchal and Smt.Somitra Toradmal) that they are withdrawing all of their nomination forms, which have been validated, forthwith, is accepted.

Shri Shelke and Shri Bharaswadkar, learned Advocates for the State Election Commission and the Returning Officer, submit that the

*3* Returning Officer would be instructed to delete the names of these two Petitioners from the list of validated nominations forthwith. In the light of the above, both the Writ Petitions are disposed of as withdrawn.

kps (RAVINDRA V. GHUGE, J.)