Sunil Chandrakant Bhusara vs Harishchandra Sakharam Bhoye — Bombay HC (2025) — LawSathi Research

Sunil Chandrakant Bhusara vs Harishchandra Sakharam Bhoye — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim procedural order: final opportunity with extension of eight weeks from 11.09.2025 granted to the Petitioner to comply with the directions contained in paragraph No.2 of the order dated 10.07.2025 (failing which appropriate orders on the next adjourned date); liberty to apply for further directions; Petitioner to file Affidavit-in-Reply to the Election Commission's Interim Application within two weeks; Application (Lodging) No.24590 of 2025 with Application (Lodging) No.9497 of 2025 listed on 25.09.2025 at 03:00 p.m.; Election Petitions stand over to 06.11.2025. No merits decided.

Issue for consideration

Whether the Petitioner should be granted a further/final opportunity to comply with the directions contained in paragraph No.2 of this Court's order dated 10.07.2025. +2 more

Court's answer

One final opportunity was granted to the Petitioner to comply with the directions contained in paragraph No.2 of the order dated 10.07.2025.

Ratio / Principle

Extension of time was granted to the Petitioner to comply with the directions of the order dated 10.07.2025 within a period of eight weeks from the date of this order, positively; liberty was reserved to apply for further directions.

Key takeaways

If the Petitioner fails to comply, the Court shall be constrained to pass appropriate orders on the next adjourned date.ratio¶41
The Court endorsed the Senior Advocate's contention ('Mr. Pradhan appears to be right in his contentions') that unless the directions of 10.07.2025 are complied with, it would not be appropriate to hear the Application under Order VII Rule 11 CPC, 1908 in the companion Election Petition filed by the same Petitioner; the hearing of that Application therefore stands deferred pending compliance.ratio¶36

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Milind N. Jadhav, J.), order dated 11.09.2025 in Election Petition No. 19 of 2025 (Sunil (Bhau) Chandrakant Bhusara v. Harishchandra Sakharam Bhoye and Ors.) with connected Application (L) Nos. 24590 and 9497 of 2025, and Election Petition No. 37 of 2025 — purely procedural. The Court granted one final opportunity, extending time by eight weeks, to the Petitioner to comply with the directions contained in paragraph No.2 of the order dated 10.07.2025, failing which appropriate orders were to follow on the next adjourned date. Endorsing the Senior Advocate for Respondent No.1, the Court held it inappropriate to hear the Application under Order VII Rule 11 CPC, 1908 in the companion Election Petition until such compliance. On the Election Commission of India's Interim Application (the Commission being not a party to the proceedings) seeking release of the EVMs and the control units attached thereto, the Petitioner was directed to file an Affidavit-in-Reply within two weeks; that application, together with Application (L) No.9497 of 2025, was listed for hearing and disposal on 25.09.2025, and the Election Petitions were stood over to 06.11.2025.

1.EP.19.2025+.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

ELECTION PETITION NO.19 OF 2025

WITH APPLICATION (L) NO.24590 OF 2025 IN

ELECTION PETITION NO.19 OF 2025 WITH

APPLICATION NO.6 OF 2025

IN ELECTION PETITION NO.19 OF 2025

Sunil (Bhau) Chandrakant Bhusara .. Petitioner

Versus

Harishchandra Sakharam Bhoye and Ors.

.. Respondents

WITH APPLICATION (L) NO.9497 OF 2025

IN

ELECTION PETITION NO.19 OF 2025

Harishchandra Sakharam Bhoye .. Applicant IN THE MATTER BETWEEN: Sunil (Bhau) Chandrakant Bhusara .. Petitioner

Versus

Harishchandra Sakharam Bhoye and Ors. .. Respondents

WITH

ELECTION PETITION NO.37 OF 2025 WITH

APPLICATION NO.9 OF 2025

IN

ELECTION PETITION NO.37 OF 2025

Sunil Chandrakant Bhusara .. Petitioner

Versus

Harishchandra Sakharam Bhoye .. Respondent

Mr. Pranjal Agarwal, Ms. Dixita Gohil, Mr. Jatin Patil, Advocates i/by Mr. Jovila Jimmy Gonsalves for Petitioners in both Election Petitions.

Mr. Niteen Pradhan, Senior Advocate a/w. Ms. Shubada Khot and Ms. Sonal Dabholkar, Advocates for Respondent No.1.

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1.EP.19.2025+.doc

Mr. Abhijit P. Kulkarni a/w. Ms. Sweta Shah, Advocates for Applicant in Interim Application (L) No.24590 of 2025 in Election Petition No.19 of 2025.

CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 11, 2025

P.C.:

1. Heard Mr. Agarwal, learned Advocate for Petitioner in both Petitions, Mr. Pradhan, learned Senior Advocate for Respondent No.1 and Mr. Kulkarni, learned Advocate for Applicant in Interim Application (Lodging) No.24590 of 2025.

2. One final opportunity of six weeks is granted to Mr. Agarwal to comply with the directions contained in paragraph No.2 of the order dated 10.07.2025.

3. Mr. Pradhan, learned Senior Advocate has drawn my attention to directions contained in the aforesaid order and would contend that unless those directions are complied with, it would not be appropriate to hear the Application filed under Order VII Rule 11 of Code of Civil Procedure, 1908 in the companion Election Petition filed by the same Petitioner. Mr. Pradhan appears to be right in his contentions.

4. There are certain exigencies mentioned by Mr. Agarwal for complying with the procedure. Prima facie, those exigencies are purely administrative in nature and should not take time. Once directions are

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1.EP.19.2025+.doc

passed those are required to be complied with.

5. Nevertheless, one final opportunity is granted to Petitioner, failing which this Court shall be constrained to pass appropriate orders on the next adjourned date.

6. Directions contained in the order dated 10.07.2025 shall be complied with. Extension of time is granted to Petitioner to comply with said directions within a period of eight weeks from today positively. If Petitioner requires any further directions, liberty to apply.

7. It is clarified that directions shall be complied with and appropriate compliances be placed before the Court.

8. Election Commission is not party to the proceedings, however they have filed Interim Application which is served today on Petitioner.

9. By virtue of the Interim Application, they seek release of the Electronic Voting Machines (EVMs) and the control units attached thereto. There are various reasons given. That apart, there are orders passed by this Court as well as several other Court, inter alia, releasing the EVMs and control units by giving a direction to the Election Commission of India to maintain a print-out on the paper trail. The Petitioner has been served with the Application and is directed to file his Affidavit-in-Reply to the same within a period of two weeks from

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1.EP.19.2025+.doc

today positively.

10. The Application filed by Election Commission of India shall be heard and disposed on the next adjourned date which shall be noted by the parties.

11. List Application (Lodging) No.24590 of 2025 alongwith Application (Lodging) No.9497 of 2025 on 25^th September, 2025 at 03:00 p.m .

12. Stand over the Election Petitions on 06^th November, 2025 .

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADAHANUMANT HARSHADAHANUMANTSAWANT SAWANT Date: 2025.09.12 11:48:31 +0530

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