( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD E.P. APPLICATION NO. 17 OF 2010 IN ELECTION PETITION NO. 3 OF 2009 Sarupsing s/o Hirya Naik PETITIONER (IN E.P.) VERSUS Sharad s/o Krushnarao Gavit & others RESPONDENTS .... Mr. Alok Sharma, Assistant Solicitor General, for the applicants (original respondents No. 2 and 3). Mr. Girase, advocate holding for Mr. D.S. Bagul, advocate for the original petitioner. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 30th July, 2010] PER COURT : Heard learned counsel Mr. Alok Sharma, for the respondents No. 2 and 3. In view of the judgement of the Apex Court in “Michael B. Fernandes v. C.K. Jaffer Sharief and others” in Civil Application No. 1318 of 2001), the presence of the respondents No. 2 and 3 is unnecessary. They are not the required parties as they are the officers engaged in organizing the elections. They have no concern with the lis between the petitioner and ( 2 ) the respondent No.1. In this view of the matter, the civil application is allowed. The names of the respondents No. 2 and 3 are directed to be deleted from the array of the respondents in election petition No. 3/2009. [V.R. KINGAONKAR] JUDGE NPJ/EPAP17-10