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Bombay High CourtEPAP/133/2025disposed off

The Returning Officer Parali Constituency v. Smt. Karuna Dhananjay Munde And Others

2025-12-19Hon'Ble Shri Justice Arun R. Pedneker2 pages

07.25EP+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1096 ELECTION PETITION NO. 7 OF 2025 SHRI. RAJABHAU SHRIRAM PHAD

VERSUS

SHRI. DHANANJAY PANDITRAO MUNDE AND OTHERS ...

Advocate for the Petitioner in EP No.7/2025 : Mr.S.B.Yawalkar Advocate for the petitioner in EP No.10/2025 : Mr.C.V.Thombre Advocate for Respondent no.12 in EP No.7/2025 & respondent no.1 in EP No.10/2025 : Mr.Alok Sharma Advocate for Respondent no.1 : Mr.M.S.Karad ...

WITH ELECTION PETITION NO. 10 OF 2025 WITH APPLICATION IN EP NO. 17 OF 2025 IN EP/7/2025 WITH APPLICATION IN EP NO. 42 OF 2025 IN EP/7/2025 WITH APPLICATION IN EP NO. 81 OF 2025 IN EP/7/2025 WITH APPLICATION IN EP NO.106 OF 2025 IN EP/7/2025 WITH APPLICATION IN EP NO. 105 OF 2025 IN EP/7/2025 WITH APPLICATION IN EP NO. 133 OF 2025 IN EP/10/2025 WITH APPLICATION IN EP NO. 130 OF 2025 IN EP/10/2025 WITH APPLICATION IN EP NO. 155 OF 2025 IN EP/7/2025 WITH APPLICATION IN EP NO. 172 OF 2025 IN EP/7/2025 WITH APPLICATION IN EP NO. 191 OF 2025 IN EP/7/2025 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 19.12.2025

07.25EP+ P.C. :

1] The learned counsel for the respondents i.e. Chief Election Commission and Returning Officer relies upon the judgments in the case of Jyoti Basu and others Vs. Debi Ghosal and others reported in (1982) AIR (SC) 983 particularly at para no.10, so also, in the case of Michael B. Fernandes Vs. C.K.Jaffer Sharief and others reported in (2002) AIR (SCW) 768 particularly in para nos.4, 5, 6, 7 and submits that the Election Commission or the Returning Officer cannot be made party to the election petition. 2] The learned counsel for the petitioner in EP No.10/2025 seeks time in the matter.

3] At his request, list this matter on 09.01.2026 at 2.30 p.m.

[ARUN R. PEDNEKER] JUDGE DDC