Kishore Bhikaji Darade v. Bhausaheb Vitthal Bhogode

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ELECTION PETITION NO.09 OF 2024 WITH APPLICATION NO.1 OF 2025 AND APPLICATION (L) NO.20531 OF 2025 IN ELECTION PETITION NO.09 OF 2024 Bhausaheb Vitthal Bhogode .. Petitioner

Versus

Kishore Bhikaji Darade and Ors.

.. Respondents ....................

 Mr. Pranjal Agarwal, Ms. Dixita Gohil, Ms. Shweta Surana a/w. Mr. Jatin Patil, Advocates i/by Mr. Pranjal Agarwal, Advocates for Petitioner / Applicant.

 Mr. Chirag Shah a/w. Ms. Savita Suryawanshi a/w. Mr. Shyamsundar Jadhav i/by Mr. Chirag Shah, Advocates for Respondent No.1 in Election Petition and Applicant in Application No.4348 of 2025.

 Ms. Naira Jeejebhoy a/w Mr. Vinay Nair and Tanmay Pawar, Advocates for Respondent No.3.

 Mr. Mohit Jadhav, AGP for Respondent Nos.4 and 6 - State.  Mr. Mayuresh Lagu, Advocate for Respondent No.5 - UOI. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 25, 2025 P.C.

:

1.

Heard Mr. Agarwal, learned Advocate for Petitioner / Applicant, Mr. Shah, learned Advocate for Respondent No.1, Ms. Jeejebhoy, learned Advocate for Respondent No.3, Mr. Jadhav, learned AGP for Respondent Nos.4 and 6 - State and Mr. Lagu, learned Advocate for Respondent No.5 - UOI.

2.

This Election Petition is filed by Petitioner seeking declaration of Respondent No.1 as returned candidate as void.

Furthermore, Petitioner prayed to be declared as an elected candidate. 3.

Application (L) No.20531 of 2025 is filed by Petitioner seeking withdrawal of Election Petition No.9 of 2024. I have perused the original Aadhar Card of Petitioner to ascertain his identity. 4.

Chapter IV of the Representation of the People Act, 1950 (for short 'the said Act'), consists of Sections 108 to 116 which pertains to 'withdrawal and abatement of Election Petitions'. Section 109 of the said Act specifically pertains to withdrawal of Election Petitions and Sub-section (1) thereof provides that an Election Petition can be withdrawn only by leave of the High Court. Sub-section (2) requires notice of fixing a date for hearing such Application for withdrawal to be given to all other parties to the Petition and to be published in the Official Gazette. Section 110, inter alia, requires the High Court to ascertain that such an Application for withdrawal of the Election Petition has not been induced by any bargain or consideration, which ought not to be allowed. Section 111 of the said Act stipulates that report of such withdrawal should be made to the Election Commission, which in turn, shall publish the report in the Official Gazette. 5.

It is seen that, Respondent No.1, duly represented by Mr. Shah has been notified of Petitioner's request for withdrawal of the Election Petition. It is noted that Petitioner has published Notices in the newspaper and the said report regarding such withdrawal has been

published in the Official Gazette dated 27.10.2025. Petitioner has sought leave to withdraw the Petition on the grounds stated in the Application.

6.

The principal reason for withdrawal of this Petition is that Petitioner having limited resources was unable to ascertain the requisite proof that was crucial to support the grounds taken in the Petition.

7.

The Petition is listed today on board. The names of the parties have been called out. None has come forward to prosecute this petition. Notice in the newspaper as well as in the Government Gazette has now been published. Petitioner has sought leave to withdraw the Petition on the grounds stated in his Application. Since none has come forward to continue with the Petition and that the period is over and Application has been filed by Petitioner stating that he is intending to withdraw the Election Petition on his own volition and there is no threat coercion and / or inducement of any nature from any corner, the Election Petition will have to be disposed of as withdrawn. 8.

Election Petition accordingly stands disposed of in above terms. No order as to costs. Application stands disposed of accordingly. H. H. SAWANT [ MILIND N. JADHAV, J. ] by AJAY TRAMBAK UGALMUGALE Date: 2025.11.26 20:15:51 +0530 AJAY TRAMBAK UGALMUGALE