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Bombay High Court

PRANTOSH GANGARAM WAGHMAREversusTHE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF URBAN DEVELOPMENT AND ORS

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court permitted the withdrawal of the writ petition and granted the petitioner liberty to prefer an election petition.

Summary

Petitioner Prantosh Gangaram Waghmare filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra and others. During the hearing, the petitioner's counsel requested to withdraw the writ petition and sought liberty to file an election petition as provided by law. The Court considered the request and, noting the petitioner's desire, allowed the withdrawal of the writ petition. It ordered the petition to be disposed of as withdrawn while granting the petitioner liberty to prefer an election petition. All other contentions of the parties were left open for future proceedings.

Issues considered

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

Subjects

  • writ petition
  • withdrawal
  • election petition
  • high court
  • vacation court
  • liberty to prefer

Judgment

        Digitally
        signed by
        GAURI AMIT
GAURI   GAEKWAD
AMIT    Date:
GAEKWAD 2026.01.02                                                          2.WP-5-2026.odt

        19:34:19
        +0530

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO.5 OF 2026
                Prantosh Gangaram Waghmare              ….Petitioner
                          Versus
                The State of Maharashtra & Ors.        ….Respondents
                                                  ----
                Mr. D.P. Palodkar (through video conferencing) a/w. Mr. Nikhil
                Adkine i/b. Mr. Shubham S. Khoche for the Petitioner.
                Mr. S.B. Shetye for the State Election Commission.
                Mr. A.I. Patel, Addl. GP for the Respondent – State.
                Mr. Suhas Urgunde for the Chhatrapati Sambhajinagar Municipal
                Corporation.
                                                  ----
                                      CORAM : RAVINDRA V. GHUGE, J.
                                                 (VACATION COURT)

                                       DATE      : 2nd JANUARY, 2026

                P.C. :-

                1.              This matter was heard for some time.



                2.              The learned Advocate for the Petitioner sought a pass

                over and, after the matter was mentioned and called out, submitted,

                on instructions, that the Petitioner desires to withdraw this Petition

                with liberty to prefer an Election Petition, as may be statutorily

                provided.




                Gauri Gaekwad                      1 of 2
                                                            2.WP-5-2026.odt




3.              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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