1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION NO.1 OF 2010 IN ELECTION PETITION NO.02 OF 2009 The Chief Election Commissioner & Anr. ...Petitioners. Vs. Delkar Mohanbhai Sanjibhai & Ors. ....Respondents. Mr.Vasant Kotwal, Sr.Counsel a/w. Mrs. Anita Castalino i/b. Little & Co. for petitioner. Mr.B.D.Joshi for Respondent No.1. Mrs. Varsha Palav for Respondent No.8. Mr.Shrishailya Deshmukh for Respondent Nos.9 and 10 and in support of application. CORAM:- A.M.KHANWILKAR, J DATED:- JUNE 11, 2010 P.C. 1. Although this application is opposed by the Petitioner, in view of the settled legal position as expounded by the Apex Court in Jyoti Basu v/s. Debi Ghosal(AIR 1982 SC 983), this application ought to succeed. Hence, the same is allowed in terms of prayer clause (a). Petitioner shall carry out amendment in terms of this order within two weeks from today, failing which Election Petition to stand dismissed for non-prosecution without further reference to the Court. (A.M.KHANWILKAR, J)