Shri Nana S/O Falgunarao Patole And Another v. Nitin S/O Jairam Gadkari

EP10-19 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR ELECTION PETITION NO. 10/2019 (NANA FALGUNRAO PATOLE VERSUS NITIN JAIRAM GADKARI & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Uke with Shri V.D. Jagtap, counsel for petitioner. Shri S.V. Manohar, Senior Advocate with Shri N.A. Gaikwad, counsel for R-1. CORAM : A.S. CHANDURKAR J.

DATE : FEBRUARY 21 , 2020 .

In terms of the order dated 07.02.2020, the Registrar (Judicial) has certified that the respondent nos.11, 26 and 32 have been served by Email. Similarly, as the respondent nos.15, 20, 22, 29, 30 and 33 have not claimed the notices by Registered Post, they are also treated to be duly served. Hence, service on all the respondents is complete.

Put up for further consideration on 27.03.2020. C.A.O. NO. 1293/2019.

By this application, the election petitioner seeks permission to amend the election petition by placing on record additional facts in support of the challenge to the election of the returned candidate.

In the application, it is stated that the same has been filed within the prescribed period of limitation within which the election petition was required to be filed. It is therefore prayed that the amendment be permitted to be carried out. Reply has been filed on behalf of the respondent no.1 opposing the prayers made in the application. It has been stated that no sufficient cause has been mentioned for not raising these pleas in the election petition.

EP10-19 Considering the nature of amendment as sought and as the same has been filed within the prescribed period of limitation which is permissible for filing the election petition, the application is allowed. Amendment be carried out by 02.03.2020. The respondents who have filed their written statements are at liberty to amend their written statement consequentially. The written statements be amended by 27.03.2020.

(A.S. CHANDURKAR, J.) APTE