This order dismisses a writ petition filed under Article 226 challenging the Civil Court's rejection of an application to dismiss an election petition. The High Court held there was no infirmity in the lower court's order and left the parties' merits intact.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO.1099 OF 2005
Deepak Krishna Vayadande. Versus Vilas Shivajppa Ghongade & Ors.
...Petitioner.
...Respondents.
Mr. Prakash Mahadik for the Petitioner.
CORAM : DR. D.Y. CHANDRACHUD, J.
August 30, 2005.
P.C.:
This petition is filed on 8th February 2005 in order to
challenge an order passed by the Civil Judge, Senior Division, Sangli on 17th November 2004, dismissing an application for the rejection of Election Petition under Order 7 Rule 11 of the Code of Civil Procedure, 1908.
Having perused the impugned order of the Civil Judge, Senior Division, I do not find any infirmity. The Learned Trial Judge has, after considering the pleading, come to the conclusion that no case has been made out for rejection of the Election Petition at this stage. The petition is accordingly rejected leaving open the rights
and contentions of the parties on merits.
Deepak Krishna Vayadande
Vilas Shivajppa Ghongade
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
