Prashant Baban Yadav v. Shekhar Govindrao Nikam

Digitally signed by MEERA MAHESH JADHAV Date:

2025.06.19 19:13:26 +0530 1/2 1-EP-21-25.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION (L) NO.12846 OF 2025 IN ELECTION PETITION NO. 21 OF 2025 Shekhar Govindrao Nikam ...Applicant In the matter of Prashant Baban Yadav

...Petitioner

Versus

Shekhar Govindrao Nikam

...Respondent

WITH ELECTION PETITION NO.21 OF 2025 WITH APPLICATION NO.4 OF 2025 IN ELECTION PETITION NO. 21 OF 2025 ---- Mr. Sujay Gangal a/w Mr. Swaraj Savant for Petitioner. Mr. Siddharth Mehta a/w Ms Nikita Mandaniyan a/w Ms Shagufta Patel a/w Ms Swati Panjwani & Ms Harshada S. i/b Mr. Harshad Bhadbhade for Applicant / Respondent No.1.

---- CORAM : ARIF S. DOCTOR, J.

th June 2025 DATED : 18 P.C. :

Learned Counsel appearing on behalf of the respondent no.1, who is the returned candidate, submits that a copy of the affidavit in reply to the Order 7 Rule 11 application has been served with the affidavit in reply only day before yesterday. He seeks time to put in a rejoinder. Rejoinder if any, to be filed on or Meera Jadhav

2/2 1-EP-21-25.doc before 2 nd July 2025.

APPLICATION (L) NO.12846 OF 2025 By way of the present application, the respondent no.1 seeks condonation of delay of 34 days in filing the written statement. The same is opposed by the Petitioner, who has filed an affidavit in response thereto. However, having heard the learned counsel and having due regard to the reasons for the delay, which are more particularly set out in paragraph nos.5, 6 & 7, I find that sufficient cause has been shown to condone the delay. Furthermore, the delay is neither inordinate or by which the applicant would be deprived of any right vested in the Applicant. Having due regard to the position in law laid down by the Hon'ble Supreme Court in the case of Esha Bhattacharjee Vs. Managing Committee of 1, in my view the substantive interest Raghunathpur Nafar Academay and others of justice would be served if the Application is allowed and the defendant is permitted an opportunity to contest the petition on merits. Application is disposed of.

Election Petition No.21 of 2025, stand over to 9 th July 2025.

(ARIF S. DOCTOR, J.) 1 2013 (12) SCC 649 Meera Jadhav