1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2859 OF 2009 IN WRIT PETITION NO.7384 OF 2009 Prerna Pramod Bhatkar .. Applicant V/s The State of Maharashtra & Ors. .. Respondents Mr.R.S.Shekhawat for the Applicant. Mrs.L.M.Patne, AGP for the Respondents. CORAM: F.I.REBELLO & K.K.TATED, JJ. DATE: 20th November, 2009. P.C.: 1. Rule was granted in the petition. Interim relief was refused. Petitioner moved the Hon’ble Supreme Court where the order was modified to the extent of staying the prosecution. 2. Petitioner has now approached this Court contending that the bye election will be held for the seat vacated by the petitioner and this Court should grant the interim 2 relief restraining the holding of bye election. 3. Once this Court refused interim relief by operation of law the petitioner ceases to act as a counsellor and consequently the election will have to be held as the seat cannot be left vacant, in other words the people must have their representative. In the light of that, the interim relief in terms of prayer clause (a) cannot be granted. In so far as prayer clause (b) is concerned there is no urgency. Hence the prayer clause (b) stands rejected. Application stands disposed of accordingly. (F.I.REBELLO, J.) (K.K.TATED, J.)