Sunil Chandrakant Bhusara v. Harishchandra Sakharam Bhoye

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

APPLICATION NO. 9 OF 2025 WITH ELECTION PETITION NO. 37 OF 2025 Sunil Chandrakant Bhusara .. Applicant In The Matter Between Sunil Chandrakant Bhusara .. Petitioner

Versus

Harishchandra Sakharam Bhoye .. Respondent WITH ELECTION PETITION NO. 19 OF 2025 WITH APPLICATION NO. 6 OF 2025 WITH APPLICATION (L) NO. 9497 OF 2025 ....................

 Ms. Neeta P. Karnik, Senior Advocate a/w. Mr. Jimmy Mates Gonsalves, Mr. Shrirang P. Katneshwarkar i/by i/by Mr. Jovila Jimmy Gonsalves a/w Mr. Anthony Floriyen Foss, Mr. Pranjal Agarwal, Ms. Dixita Gohil, Ms. Harshada Kshirsagar, Mr. Kallis Albert Alphanso & Mr. Vivek Chavan, Advocates for Petitioner in EP/19/2025  Mr. Nitin Pradhan, Senior Advocate a/w Ms. Shubada Khot, Shahen Pradhan & Ms. Sonal Dhabolkar, Advocates for Respondent No.1 in EP/19/2025 ...................

CORAM : MILIND N. JADHAV, J.

DATE : JULY 10, 2025 P. C.

:

1.

Heard.

2.

Ms. Karnik, learned Senior Advocate appears for Petitioner in EP/19/2025 on instructions received from Petitioner who is present in

Court and Advocate on record informs the Court that Application No. 9/2025 is filed seeking withdrawal of Election Petition No. 37/2025 by the Petitioner. The Advocate who has affirmed the Petition is Mr. Sarode. Mr. Sarode is not present in Court and he has through Advocate Mr. Gonsalves given instructions to Ms. Karnik to appear in the Application as informed to the Court across the bar by Ms. Karnik. Mr. Gonsalves undertakes to file fresh vakalatnama on behalf of Petitioner in Election Petition No 37/2025. Petitioner present in person in Court affirms the above instructions. 3.

Application No. 9 of 2025 is filed for seeking withdrawal of Election Petition No. 37 of 2025. Petitioner is directed to issue public a notice of withdrawal of the Petition in the Government Gazette and in two newspapers that is once in vernacular language and once in English language, both having wide circulation in the constituency in question in accordance with the provisions of The Representation of The People Act, 1950. The draft of the said notice be settled by the Registry of this Court.

4.

In the event of any opposition forthcoming in response to the said notice published, the same will be heard on the next date fixed for withdrawal of the Petition.

5.

Ms. Karnik would persuade the Court to hear the Order 7 Rule 11 Application in Election Petition No. 19/2025. Since both Petitions are filed by the same Petitioner through two different Advocates, after the Election Petition No. 37/2025 is withdrawn, Election Petition 19/2025 and the Application therein shall be taken up for hearing. 6.

The Registry shall take steps to issue appropriate notice as directed herein above.

7.

Stand over to 11th September 2025 at 03.00 p.m. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.07.10 18:24:37 +0530 RAVINDRA MOHAN AMBERKAR