This Division Bench extended the ad-interim stay granted by the Learned Single Judge in an election petition until 27-04-2010 to prevent the appellant's disqualification post-election.
Extension of ad-interim stay granted by the Single Judge until 27-04-2010.
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MMJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION LPA St. NO. 10571 of 2010
IN
WRIT PETITION NO.2805 OF 2010
Sou. Manisha Sanjay Waskar
..Appellant
Vs.
Shri Anil @ Bajirao Balaso Dhavan (Panari) & Ors. ..Respondents
WITH
CIVIL APPLICATION St. No. 10576 of 2010
IN
LPA St. NO. 10571 of 2010 IN WRIT PETITION NO.2805 OF 2010
Sou. Manisha Sanjay Waskar ..Appellant Vs.
Shri Anil @ Bajirao Balaso Dhavan (Panari) & Ors. ..Respondents
Mr. A.B.Borkar for the Appellant
Mr. Chetan Patil for Respondent No.1
CORAM : J. N. PATEL & A.P. BHANGALE, JJ.
DATE : 20th APRIL, 2010
P.C. :
Single Judge of the judgment and order dated 532010 passed by
the District Judge1, Kolhapur, at Kolhapur in Election Petition No.2 of 2007 expires today i.e. 2042010 and, therefore, the learned counsel for the appellant/petitioner is required to move this Court in appeal, as the Learned Single Judge declined to extend the stay and granted circulation for 2742010. It is submitted that the reliefs sought by the appellant would become infructuous if stay is not extended, pending the hearing and admission of the petition. It is submitted that the adinterim stay granted by the Learned Single Judge at the initial stage, in normal course, ought to have been extended till the matter is taken up for hearing. The learned counsel for the respondents submits that as the order was granted without hearing the parties on merits, this Court may pass appropriate order effective till the date on which the matter has been granted circulation by the Learned Single Judge.
Single Judge is sitting in a Division Bench. He further contended that the appellant would be dislodged from the post for which She has been elected if the adinterim stay is not extended. We, therefore, extend the interim stay granted by the Learned Single Judge, till 2742010. The appeal stands disposed of accordingly.
( J. N. PATEL, J.)
( A.P. BHANGALE, J.)
Sou. Manisha Sanjay Waskar
Shri Anil @ Bajirao Balaso Dhavan (Panari)
J. N. PATEL
A.P. BHANGALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
