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Bombay High Court

TASNEEM MOHAMMAD SIRAJ SHAIKHversusELECTION COMMISSION OF INDIA AND ORS

Decided
Disposal
Dismissed as Withdrawn

Holding

The writ petition is dismissed as withdrawn with liberty granted to the petitioner to avail the statutory remedy.

Summary

The petitioner, Tasneem Mohammad Siraj Shaikh, contested a municipal election and filed a criminal writ petition seeking a statutory remedy. The petitioner later requested to withdraw the writ petition while retaining the right to pursue the statutory remedy available under law. The Court considered whether such a withdrawal with liberty to avail the statutory remedy could be permitted. Finding no impediment, the Court allowed the withdrawal and expressly granted liberty to the petitioner to pursue the statutory remedy. Consequently, the writ petition was dismissed as withdrawn, with all other contentions left open for future proceedings.

Issues considered

  • Whether the petitioner may withdraw the writ petition and be granted liberty to pursue the statutory remedy available under law

Subjects

  • municipal election
  • writ petition
  • withdrawal
  • statutory remedy
  • criminal appellate jurisdiction

Judgment

                                                                     4.529.26-wp.docx



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL WRIT PETITION NO.529 OF 2026

         Digitally    Tasneem Mohammad Siraj Shaikh            .. Petitioner
         signed by
         BASAVRAJ
BASAVRAJ GURAPPA
                            Vs.
GURAPPA PATIL
PATIL    Date:        Election Commission of India & Ors.      .. Respondents
         2026.02.25
         17:31:09
         +0530
                                                     ...
                      Mr. Shailendra M. Agharkar, Advocate for the
                      Petitioner
                      Mrs. M. M. Deshmukh, In-charge Public Prosecutor
                      with Mr. K. V. Saste, Additional Public Prosecutor for
                      the Respondent No.4-State

                                         CORAM : SHREE CHANDRASHEKHAR, CJ &
                                                 GAUTAM A. ANKHAD, J.

                                         DATE      : 6th FEBRUARY 2026

                      P.C. :
                              For availing the statutory remedy available to the petitioner
                      who contested the election for the Municipality, the learned counsel
                      for the petitioner states that the petitioner may be permitted to
                      withdraw this writ petition with liberty to avail of the statutory
                      remedy as available to him in law.
                      2.       The writ petition is dismissed as withdrawn with the aforesaid
                      liberty granted in favour of the petitioner. All contentions are kept
                      open.



                      [GAUTAM A. ANKHAD, J.]                              [CHIEF JUSTICE]




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