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Bombay High Court

AADESH SURESH JADHAVversusTHE STATE OF MAHARASHTRA THROUGH CHIEF ELECTION COMMISSION AND ORS

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court allowed the writ petition to be withdrawn, granting the petitioner liberty to file an election petition later.

Summary

Petitioner Aadesh Suresh Jadhav filed a writ petition before the Bombay High Court seeking liberty to withdraw the petition and later file an election petition if required. The petitioner, represented by counsel Nitin Gaware Patil, Omkar Chavan and Advocate Z.H. Farooqui, appeared in person. The respondents, including the State Election Commission and other parties, were represented by counsel S.B. Shetye, K.N. Solunke, V.S. Bedre and Abhijeet Joshi. The Court considered whether the petitioner could be permitted to withdraw the writ petition while keeping his future election petition options open. No substantive merits of the original petition were examined. The Court disposed of the writ petition as withdrawn, granting the petitioner liberty to pursue an election petition later.

Issues considered

  • Whether the petitioner may withdraw the writ petition and be granted liberty to file an election petition in the future

Subjects

  • withdrawal of petition
  • election petition
  • writ petition
  • civil appellate jurisdiction
  • high court

Judgment

          Digitally
          signed by
GAURI     GAURI AMIT
          GAEKWAD
AMIT      Date:
GAEKWAD   2026.01.03
          13:54:17                                                              2.WP-23-2026.odt
          +0530


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO.23 OF 2026
                  Aadesh Suresh Jadhav                           ….Petitioner
                            Versus
                  The State Election Commission & Ors.       ….Respondents
                                                   ----
                  Mr. Nitin Gaware Patil a/w. Mr. Omkar Chavan i/b. Advocate Z.H.
                  Farooqui for the Petitioner.
                  Mr. Aadesh Suresh Jadhav, Petitioner present in person.
                  Mr. S.B. Shetye for the State Election Commission.
                  Mrs. K.N. Solunke, Addl. GP (through video conferencing) for the
                  Respondent – State.
                  Mr. V.S. Bedre (through video conferencing) for Respondent Nos.2
                  and 3.
                  Mr. Abhijeet Joshi for Respondent No.4.
                                                   ----
                                       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
                                                           2.WP-23-2026.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)




Gauri Gaekwad                      2 of 2


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