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Bombay High CourtCAO/1009/2015admittedallwdgrantedrule absolute

Narayan Dinbaji Jambhule v. Election Commission Of India Through Its Chief Election Commission, New Delhi And Others

2015-06-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 ep4.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR ELECTION PETITION NO. 4 OF 2014.

(SHRI NARAYAN DINBAJI JAMBHULE..VS..THE ELECTION COMMISSION OF INDIA & 15 OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S. Wathore, Advocate for Petitioner.

Mr. G.N.Khanzode, Advocate for Respondent No.5. Mr. N.S.Khubalkar, A.G.P. for Respondent Nos.3 & 4. CORAM : Z.A.HAQ, J.

DATED : JUNE 26, 2015.

C.A.O.NO.974/15.

The petitioner has filed this application (Exh.6) seeking permission to delete the names of respondent No.1Election Commission of India, respondent No.2-The Chief Electoral Officer and respondent No.3-The Collector/ District Election Officer, Gadchiroli.

The respondent No.3 has also filed application (Exh.7) seeking deletion of his name from the array of the respondents.

Accepting the reasons stated in the application, the petitioner is permitted to delete the names of the respondent Nos. 1 to 3.

The application is allowed accordingly.

C.A.O.NO. 1009/2015.

Respondent Nos.3 and 4 have filed this application (Exh.7) praying that their names be deleted from the array of the respondents as they are neither necessary nor proper party.

2 ep4.14 Mr.Wathore, the learned advocate for the petitioner does not have any objection for grant of prayer of the respondent Nos. 3 and 4.

In fact, the Civil Application No.974/2015(Exh.6) seeking permission to delete name of the respondent No.3 is allowed and the petitioner is permitted to delete the name of respondent No.3.

In view of above, the petitioner shall delete name of Respondent No.4 - The Returning Officer, 68, Gadchiroli (ST), Legislative Assembly Constituency at Gadchiroli, from the array of the respondents.

The application is allowed.

E.P.NO.4/2014.

The written statement filed by the respondent No.5 is taken on record. Other respondents have not filed written statements and time prescribed for filing the written statement has expired.

Proceed without written statement of the other respondents.

List the petition for framing of issues on 15th July, 2015.

JUDGE RRaut..