Bombay High Court
TUSHAR PANDITRAO BHARTIYAversusTHE RETURNING/ ELECTION OFFICER, (THE SUB DIVISIONAL OFFICER
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- RAVINDRA V GHUGE
Holding
The writ petition is disposed of as withdrawn, with liberty to the parties to pursue any other statutory remedies.
Summary
Tushar Panditrao Bhartiya filed a writ petition in the Bombay High Court challenging the actions of the Returning/Election Officer and other officials. The petition was listed and heard, and a pass‑over was granted on the petitioner's request. During the final hearing, the petitioner, through counsel, expressed a desire to withdraw the writ petition and was advised of the option to file a separate election petition if needed. The court accepted the withdrawal and ordered the writ petition to be disposed of as withdrawn, granting liberty to the parties to pursue any other statutory remedies. All other contentions raised by the parties were left open for future proceedings.
Issues considered
- Whether a writ petition filed under Article 226 can be withdrawn by the petitioner at any stage of the proceedings.
Subjects
- writ petition
- withdrawal
- high court
- election officer
- procedural law
Judgment
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2026.01.02 6-wp-15-2026.odt
19:27:09
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15 OF 2026
Tushar Panditrao Bhartiya … Petitioner
versus
The Returning / Election Officer
(The Sub Divisional Officer, Tiosa/
Bhatukli) and Others … Respondents
Mr.S.M.Vaishnav (through video conferencing) for the Petitioner.
Mr.Shajal Sarda (through video conferencing) for Respondent
No.1.
Mr.Ashok T. Gade with Ms.Riya John i/b. Mr.Devendra Pawar for
Respondent No.2.
Mr.Rahul Dharmadhikari (through video conferencing) for
Respondent No.3.
----
CORAM : RAVINDRA V. GHUGE, J.
(VACATION COURT)
DATE : 2nd JANUARY, 2026
P.C. :-
1. This matter was heard for some time.
2. A Pass over was granted on request.
3. When the matter was called out at the end of the board,
as a pass-over matter, the learned Advocate for the Petitioner
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6-wp-15-2026.odt
submits, on instructions from the Petitioner, that the Petitioner
desires to withdraw the Petition. If advised, the Petitioner may avail
of the statutory remedy of filing an Election Petition.
4. In view of the above, the Writ Petition is disposed off
as withdrawn, with liberty. All contentions of all the stakeholders
are kept open.
(RAVINDRA V. GHUGE, J.)
(VACATION COURT)
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