Bombay High Court
PRAKASH DATTA PATILversusTHE ELECTION OFFICER WARD NO. 27 AND 28 THANE MUNICIPAL CORP. AND ORS
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- RAVINDRA V GHUGE
Holding
The court disposed the petition as withdrawn, granting the petitioner liberty to withdraw.
Summary
The petitioner, Prakash Datta Patil, filed a writ petition in the Bombay High Court seeking relief against the Election Officer and others. Before arguments began, the petitioner, through counsel Amogh Karandikar, expressed an intention to withdraw the writ petition and instead pursue an election petition if necessary. The petitioner also requested liberty to withdraw the petition. The court considered whether such a withdrawal with liberty could be permitted. It allowed the withdrawal, disposing of the writ petition while keeping all contentions of the parties open for any future proceedings. Consequently, the petition was marked as withdrawn with liberty granted to the petitioner.
Issues considered
- Whether the petitioner may withdraw the writ petition and retain liberty to file an election petition later?
Subjects
- withdrawal of writ petition
- election petition
- civil appellate jurisdiction
- Bombay High Court
- liberty to withdraw
Judgment
Digitally
signed by
GAURI GAURI AMIT
GAEKWAD
AMIT Date:
GAEKWAD 2026.01.03 1.WP-19-2026.odt
13:54:18
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.19 OF 2026
Prakash Datta Patil ….Petitioner
Versus
The Election Officer,
Ward Nos.27 and 28,
Thane Municipal Corporation & Ors. ….Respondents
----
Mr. Amogh Karandikar for the Petitioner.
Mr. Prakash D. Patil, Petitioner present in person.
Mr. A.S. Jadhav a/w. Mr. Shyam K. Singh for Respondent Nos.1 and
3.
Mr. Sachindra B. Shetye a/w. Mr. Akshay S. Pansare and Mr. Nipun
Sawane for Respondent No.2.
Mr. Chirag Shah a/w. Mr. Shyam Jadhav for Respondent No.4.
Mr. A.I. Patel, Addl. GP for Respondent No.5.
----
CORAM : RAVINDRA V. GHUGE, J.
(VACATION COURT)
DATE : 3rd JANUARY, 2026
P.C. :-
1. Before the opening of submissions, the learned
Advocate for the Petitioner, on instructions from the Petitioner who
is present in the Court hall, submits that the Petitioner would avail
of the remedy of filing an Election Petition, as the case may arise,
and seeks liberty to withdraw this Petition.
Gauri Gaekwad 1 of 2
1.WP-19-2026.odt
2. In view of the above, this Petition is disposed off as
withdrawn, on instructions, with liberty as prayed. All contentions
of all the stakeholders are kept open.
(RAVINDRA V. GHUGE, J.)
(VACATION COURT)
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