Shiakh Asif Shaikh Rashid @ Asif Shaikh Rasheed v. Mufti Mohammad Ismail Abdul Khalique

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION (L) NO. 19166 OF 2025 IN ELECTION PETITION NO. 7 OF 2025 Shaan E Hind Nihal Ahmed ...Applicant In the matter between Shaikh Asif Shaikh Rashid alias Asif Shaikh Rasheet

...Petitioner

Versus

Mufti Mohammad Ismail Abdul Khalique and ors.

...Respondents

Mr. S. S. Patwardhan, a/w Mr. Bhooshan Mandlik, for the Petitioner.

Mr. Suyash Nitin Khose, for Respondent No.1.

Mr. M. M. Vashi, Senior Advocate, a/w Ms. Manisha Desai, i/b M/s. M. P. Vashi & Asso., for Respondent No.5. Mr. Mahendra Sandhyanshiv, for Respondent No.6. Mr. Vinay Nair, i/b Arun Panickar, for Respondent No.13.

CORAM:

N. J. JAMADAR, J.

DATED:

3rd JULY, 2025 PC:- Election Petition No. 7 of 2025 1.

At the outset, Mr. Sandhyanshiv, the learned Counsel for respondent No.6, submits that respondent No.6 has yet not filed SANTOSH SUBHASH KULKARNI the written statement.

by SANTOSH SUBHASH KULKARNI Date: 2025.07.05 12:37:55 +0530 2.

In view of the aforesaid statement, in the order dated 12th June, 2025 in EP/7/2025, in paragraph No.2, the words, "except Respondent No.6" be deleted.

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3.

Rest of the order remains unaltered.

4.

Order dated 12th June, 2025 be corrected and uploaded. Application (L) No. 19166 of 2025 5.

Heard the learned Counsel for the parties.

6.

This application is preferred by respondent No.5, seeking condonation of delay of 39 days in filing the written statement on behalf of respondent No.5, and to take the written statement on record.

7.

Mr. Patwardhan, the learned Counsel for the petitioner, submits that the petitioner has no objection to condone the delay and permit respondent No.5 to file the written statement. In paragraphs 3 to 6 of the application the applicant has ascribed justifiable reasons for exetension of time to file the written statement. For the said reasons and in view of the consent of the petitioner, the application stands allowed in terms of prayer clause (a).

8.

The delay in filing the written statement stands condoned. 9.

Application stands disposed.

Election Petition No. 7 of 2025 10.

Mr. Vashi, the learned Senior Advocate for respondent No.5, seeks leave to tender the written statement on behalf of respondent No.5.

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Leave granted.

11.

Written statement is taken on record.

12.

The learned Counsel for the petitioner seeks leave to tender draft issues.

Leave granted.

13.

Draft issues are taken on record.

14.

Mr. Khose, the learned Counsel, submits that he has instructions to appear on behalf of respondent No.1 - the returned candidate and has recently filed Vakalatnama. 15.

The learned Counsel for respondent No.1 submits that respondent No.1 will take out an appropriate application seeking permission to file the written statement.

16.

Stand over to 24th July, 2025.

[N. J. JAMADAR, J.] 3/3