Allowed

Shri Nana S/O Falgunarao Patole and Another v. Nitin S/O Jairam Gadkari

Bombay HC21 Feb 2020CAO/1293/2019

Case brief

AI extract

What is this about?

This order allowed an application by an election petitioner seeking permission to amend the petition to place additional facts on record, as it was filed within the prescribed limitation period. The amendment was directed to be completed by 02.03.2020.

What did the court decide?

Permission granted to amend the election petition to place additional facts on record by 02.03.2020.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Uke with Shri V.D. Jagtap, counsel for petitioner. Shri S.V. Manohar, Senior Advocate with Shri N.A. Gaikwad, counsel for R-1.

In terms of the order dated 07.02.2020, the Registrar (Judicial) has certified that the respondent nos.11, 26 and 32 have been served by Email. Similarly, as the respondent nos.15, 20, 22, 29, 30 and 33 have not claimed the notices by Registered Post, they are also treated to be duly served. Hence, service on all the respondents is complete.

By this application, the election petitioner seeks permission to amend the election petition by placing on record additional facts in support of the challenge to the election of the returned candidate.

In the application, it is stated that the same has been filed within the prescribed period of limitation within which the election petition was required to be filed. It is therefore prayed that the amendment be permitted to be carried out.

Reply has been filed on behalf of the respondent no.1 opposing the prayers made in the application. It has been stated that no sufficient cause has been mentioned for not raising these pleas in the election petition.

Considering the nature of amendment as sought and as the same has been filed within the prescribed period of limitation which is permissible for filing the election petition, the application is allowed. Amendment be carried out by 02.03.2020. The respondents who have filed their written statements are at liberty to amend their written statement consequentially. The written statements be amended by 27.03.2020.

Shri Nana S/O Falgunarao Patole and Another v. Nitin S/O Jairam Gadkari

Case brief

What is this about?

What did the court decide?

Shri Nana S/O Falgunarao Patole and Another v. Nitin S/O Jairam Gadkari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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