Saraswati Vardhini Shikshan Santha v. Election Commissioner Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13929 OF 2024 Saraswati Vidyavardhini Shikshan Sanstha & Anr .. Petitioners

Versus

Election Commission of India & Ors .. Respondents Mr.Saket Mone with Ms.Srushti Thorat i/b Vidhii Partners, Advocates for the Petitioners.

Mr.B. V. Samant, Addl. G. P., with Ms.V.R Raje, AGP, for the Respondent State.

Mr. A. A. Kumbhakoni, Senior Advocate i/b Mr.Akshay Shinde, Advocates for the Respondent/ECI.

ANJALI TUSHAR ASWALE by ANJALI TUSHAR ASWALE Date: 2024.10.15 20:48:54 +0530 CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed inter alia challenging the order dated 30th September 2024 passed by Respondent No.3. Under this order, in pursuance of Section 160 of the Representation of the People Act, 1951, the entire premises of the Petitioners were requisitioned for the upcoming State Legislative Assembly elections.

2.

Today when the matter is called out, Mr.Kumbhakoni, the learned Senior Counsel appearing on behalf of Respondent No.1 has tendered to the Court a revised order dated 13th October 2024 under which only the basement, ground floor and open ground of the Petitioners' premises have been requisitioned for the purposes of the State Legislative Assembly elections. This is also for a period till the election is completed and for the further period of 7 days thereafter.

3.

The learned counsel appearing on behalf of the Petitioners states that in light of this revised order, the grievance of the Petitioners in the present Petition is redressed, and therefore, does not wish to press this Petition any further.

4.

We accept the said statement, and we dispose of the above Petition as not pressed. It is needless to clarify that in light of the order dated 13th October 2024 any letters issued pursuant to the order dated 30th September 2024, or prior thereto, will not survive and in any event shall not be given effect to.

5.

The Writ Petition is disposed of as not pressed.

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]