1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ELECTION PETITION NO.1 OF 2004 Uttamrao S Jankar ....Petitioner V/s. Ranjitsingh V Mohite Patil .... Respondent Mr. Laxman Deshmukh, i/b Pramod N. Patil, for the Petitioner. Mr. C. J. Sawant, a/w Mr V. P. Sawant, for the Respondent CORAM : S.J. VAZIFDAR, J. DATE : 27 th NOVEMBER, 2009. P.C. :- 1. By an order and judgment dated 16 th September, 2008 I had dismissed the Election Petition. The Petitioner challenged the same by filing Civil Appeal No.7457 of 2008 before the Supreme Court of India. The Supreme Court of India, by an order and judgment dated 15th May, 2009, set aside the judgment and remanded the Election Petition for fresh hearing. The Supreme Court of India, directed the petition to be heard within six months. A copy of this order was furnished by the Department earlier this week. 2. The counsel for the Petitioner and the Respondent state that the petition has become infructuous on account of the Respondent having been elected as a Member of the Rajya Sabha and the respondent has, therefore, resigned as a Member of the Legislative Counsel. Both the 2 Counsel, therefore, stated that the petition does not survive and be dismissed as such. 3. The Election Petition is accordingly disposed of with no order as to costs.