1 Anando IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2177 OF 2010 Chintaman Raghunath Gharat ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.Suresh M. Sabrad, Advocate, for the Petitioner Mr.V.S.Gokhale, Assistant Government Pleader, for the Respondent Nos.1 & 2 Mr.Sachindra B. Shetye, Advocate, for Respondent No.3 CORAM : A.M.KHANWILKAR & R.M.SAVANT, JJ. DATE : 25TH MARCH, 2010 P.C. . Heard counsel for the parties. 2. Going by the Order passed by the Apex Court which is at page No.50 dated 17th July, 2009 in Petition(s) for Special Leave to Appeal (Civil) No(s).16271/2009, it is not possible to accede to the argument of the 2 Petitioner that Respondent No.3 has incurred disqualification much less to strike off his name from the Voters List. Counsel for the Petitioner, however, invites our attention to the Order passed by the Learned Single Judge dated 7th May, 2009 in Writ Petition No.4665 of 2009. According to him, this Court although, allowed the Respondent No.3 to continue as counsellor has restrained him from Voting at the meeting. That does not mean that the final order passed by this Court has been acted upon so as to treat the Respondent No.3 as disqualified on account of the said decision. Admittedly, the appeal against the Order passed by the Single Judge of this Court is pending consideration before the Apex Court. It is not the case of the Petitioner that the Order of the Apex Court has been vacated or modified. Till the said proceedings are finally disposed of or appropriate order passed by the Apex Court, it is not possible to assume that Respondent No.3 3 has incurred disqualification much less to strike off his name from the Voters List. 3. Thus understood, there is no merit in the Petition. At the same, make it clear that it will be open to the Petitioner to pursue remedy of Election Petition after the conclusion of the ensuing election, if so advised. That will have to be decided on its own merits. 4. Petition disposed of on the above terms. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)