AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7126 OF 2008 Rajabhau Rambhau Golande ... Petitioner Vs. Nair Premkumar Shankaran @ Babu Nair & Ors. ... Respondents Mr. A.V. Anthurkar i/b. Mr. Sugandh B. Deshmukh for the petitioner. Mr. A.S. Khandeparkar for respondent 1. Mr. Sudhir Prabhu for respondents 2 and 3. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 26TH AUGUST, 2009. P.C.:- 1. Learned counsel for the parties are agreed that the petitioner has an alternative remedy under Section 16 of the Bombay Provincial Municipal Corporation Act, 1949 (for short, “the said Act”). Learned counsel for the petitioner states that in the circumstances, he may be permitted to withdraw the present petition with liberty to file an election petition under Section 16 of the said Act. AJN 2 2. In the circumstances, the petition is allowed to be withdrawn with liberty as prayed. All contentions raised by both sides are kept open. 3. Learned counsel for the petitioner states that because the petitioner was prosecuting the present petition, it is possible that the election petition, which the petitioner is about to file is likely to be time barred. 4. In the circumstances, in case, any objection is taken as regards delay in filing the election petition, the court seized of the election petition shall take into consideration the fact that the petitioner has spent time in prosecuting the present petition. The election petition may be decided expeditiously and, at any rate, as far as possible within six months from the date of its filing. 5. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]