Charan S/O Sovinda Waghmare v. Raju Manikrao Karemore And Others

2025:BHC-NAG:12642 1 21.11 cao1146.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION [CAO] NO. 1146 OF 2025 IN ELECTION PETITION NO. 27 OF 2025 CHARAN S/o SOVINDA WAGHMARE

VERSUS

RAJU MANIKRAO KAREMORE AND ANOTHER ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. A. M. Chandekar, Advocate for the petitioner. Mr. A. V. Palshikar, A.G.P. for respondent nos.4 and 5 CORAM : M. W. CHANDWANI, J.

DATE : NOVEMBER 21, 2025.

1.

Heard.

2.

By this application, the applicant/petitioner seeks recall of the order dated 15.09.2025 passed in Civil Application (CAO) No. 720 of 2025, whereby on the application of respondent nos.4 and 5, their names were deleted.

3.

The contention of the applicant/petitioner is that since the allegation of corrupt practice has been alleged in the petition, respondent nos.4 and 5 are the necessary party. Apart from it, according to the applicant/petitioner election papers/record, including the polling registers, electoral rolls, CCTV footage of all polling stations of the constituencies etc., of the legislative assembly constituency (60-Tumsar) for which the elections were conducted, will be required at the time of hearing of the

2 21.11 cao1146.25.odt petition, Therefore, respondent nos.4 and 5 are the necessary party.

4.

In the application (CAO No.720/2025), respondent nos.4 and 5 undertook that as and when they are directed, they will produce the record/papers of 60-Tumsar Constituency. Therefore, I do not feel that presence of respondent nos.4 and 5 will be necessary for deciding the petition. Respondent nos. 4 and 5 can be directed to produce the relevant record, if required and even they can be examined as witness either by the petitioner or by the contesting respondent.

5.

In view of the above, the order passed on 15.09.2025 is not required to be recalled. Accordingly, the application is disposed of in the above terms. (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 21/11/2025 17:02:28