Gazala Bi Saddam Shah v. The Collector, Buldhana And Another

10 CAW-1311-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (W) NO.1311 OF 2021 IN WRIT PETITION NO.85 OF 2021 (D) [Gazala Bi Saddam Shah ..Vrs.. The Collector, Buldana and Ors.] _______________________________________________________________________________________ Ofce Notes, Ofce Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. R. L. Khapre, Senior Advocate a/b Shri. D. R. Khapre, Advocate for Applicant Shri. K. L. Dharmadhikari, AGP for Respondent Nos.1 and 2 Shri. A. M. Ghare, Advocate for Non-Applicant No.4/Original Petitioner Shri. J. B. Kasat, Advocate for Non-Applicant No.3-State Election Commission.

CORAM

: N. B. SURYAWANSHI, J.

DATE : 5 th OCTOBER , 2021.

1.

After arguing for sometime, Shri. R. L. Khapre, the learned Senior Advocate for Applicant seeks permission to withdraw the present Civil Application with liberty to challenge the order dated 07.09.2021 passed by Respondent No.3/The State Election Commission by filing Writ Petition. Hoe submits that interim order passed by this Court on 17.09.2021 may be continued so as to enable him to approach this Court by filing Writ Petition. 2.

Shri. A. M. Ghare, learned Advocate for Non-Applicant No.4/original Petitioner vehemently opposed the prayer stating that the ground on which, the Writ Petition was dismissed also applies here and the interim order may not be continued as the elections of Sarpanch and Up-Sarpanch are stayed by way of interim order. The Petitioner has alternate efcacious remedy of challenging the elections of Sarpanch and

10 CAW-1311-2021 Up-Sarpanch by filing Appeal before the Competent Forum.

3.

Taking into consideration the peculiar facts of the case, the Civil Application is permitted to be withdrawn with liberty as prayed for. The interim order dated 17.09.2021 is continued for a period of one week from today.

4.

All the contentions of respective parties are kept open.

(N. B. SURYAWANSHI, J.) TAMBE