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Bombay High CourtEP/7/2014dismissedrule discharged

Rajratna S/O Ashok Ambedkar v. The Chief Electoral Officer, General Administration Dept, Mumbai And Others

2019-12-19Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 EP-7-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ELECTION PETITION NO. 7 OF 2014 RAJRATNA S/O ASHOKRAO AMBEDKAR

VERSUS

THE CHIEF ELECTORAL OFFICER AND OTHERS ...

None present for petitioner Mr. B.B. Kulkarni, Advocate for respondent no. 1 Mr. A.N. Sabnis, Advocate for respondent no. 3 ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 19-12-2019 ORDER :

1.

No appearance is being caused on behalf of petitioner despite service of notice through court process. 2.

Since August, 2018, the petition is being adjourned from time to time. For over a year, no appearance is caused despite service of notice on petitioner, depicting his disinclination to prosecute the election petition further.

3.

Additionally, Mr. Sabnis, learned counsel for respondent no. 3 refers to Dr. P. Nalla Thampy Thera Vs. B.L. Shanker and others reported in 1984 (Supp) Supreme Court Cases 631 as well as Sunderlal Mannalal Vs. Nandramdas Dwarkadas and others reported in

2 EP-7-2014 AIR 1958 MP 260 and New India Assurance Co. Ltd. V. R. Srinivasan reported in (2000) 3 SCC 242.

4.

Election petition is dismissed for non-prosecution. [ SUNIL P. DESHMUKH ] JUDGE arp/