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- Dismissed as Withdrawn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The writ petition is dismissed as withdrawn with liberty granted to the petitioner to avail the statutory remedy.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 Consequently, the writ petition was dismissed as withdrawn, with all other contentions left open for future proceedings.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 The writ petition is dismissed as withdrawn with the aforesaid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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