1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4296/2008 (Baburao K. Deshmukh vs. Sheshrao B. Dhengele and ors.) ====================================== CORAM : B.P.Dhamadhikari, J. DATE : 21 st NOVEMBER, 2008 Advocate De for the petitioner Yesterday had stated that the present petitioners have been elected on 14.11.2007 itself and the change report filed by them is under consideration. Advocate Ghare who appears for Respondent Nos. 1 & 2 stated that respondent nos. 1 & 2 have been elected in the elections held on 9.10.2008 and they have also filed the change report which is pending. In view of this position, it became clear that petitioners as also respondent were contending that there is no question of order dated 15.11.2007 being implemented further. However, Yesterday it was found that one of the non-applicant Dr.Vasantrao Deshmukh did not figure in array of parties in the writ petition. Today, Advocate De states that Dr.Vasantrao Deshmukh himself issued the notice of elections in pursuance to which the elections were conducted and 2 petitioners got elected. He, therefore, contends that as both the parties have conducted elections and correctness or otherwise of their exercise is being scrutinized by the competent authority, therefore, the present challenge is infructuous. He therefore, seeks to withdraw the writ petition. The writ petition is therefore allowed to be withdrawn. It is made clear that in view of withdrawal, this Court has not applied its mind to any of the contentions on merit and all contentions are open. JUDGE Rvjalit