1 29.wp6813.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6813 OF 2011 Sou. Alka Vijayrao More. ....Petitioner Vs. The Collector Pune & ors. ....Respondents Mr. Shriram S. Kulkarni, Advocate for Petitioner. Mr. R.M. Patne, AGP for Respondent No. 1. Mr. A.M. Kulkarni, Advocate for Respondent No. 3. Mr. A.A.Kumbhakoni i/b. Mr. A.P. Kulkarni, Advocate for Respondent Nos. 4, 5 and 7. CORAM:- GIRISH GODBOLE, J DATED:- NOVEMBER 25, 2011 P.C. 1. Notice for final disposal of this Petition was issued on 13th October, 2011. By a separate order passed today, I have partly allowed the Writ Petition No. 1148 of 2011 whereby the request of the Petitioner for issuance of witness summons to various persons and Authorities has been allowed. In view of that order, Mr. S.S. Kulkarni prays for withdrawal of the original Application dated 11/7/2010 filed in Election Petition No. 10 2 29.wp6813.11 of 2007 (Exh. D pages 78-84) with liberty to file a fresh application at proper stage. 2. This request is opposed. Mr. Kumbhakoni, learned Advocate for Respondent No.4, 5 and 7 has brought my attention to the fact that impugned order rejects the Application essentially on the ground that the same was premature. Even otherwise on account of the order passed in Writ Petition No. 1148 of 2010, the question whether recounting is to be ordered or not will have to be decided only after relevant witnesses are examined. 3. In my opinion, no prejudice would be caused to the Respondents if the Petitioner would be permitted to withdraw the Application with liberty to file the same at appropriate state at a later date. Hence Petitioner is allowed to withdraw the Application Exh. D. Consequent to the withdrawal of the Application the impugned Judgment and Order dated 8/9/2010 passed by the Additional Commissioner in Election Petition No. 10 of 2007 does not survive for consideration. 4. The Writ Petition is accordingly disposed of by permitting the 3 29.wp6813.11 Petitioner to withdraw the Application Exh. D with liberty to file fresh application. If and when any such application is filed, all the contentions of the Respondents in respect of the maintainability of such application, propriety and legality of entertaining such an application are kept expressly open to be agitated before the Additional Commissioner at the relevant stage. It is made clear that by permitting the Petitioner to withdraw the Application with liberty to file fresh application there is no opinion expressed on the merits of the said Application and all questions regarding merits and demerits are expressly kept open to be decided before the Additional Commissioner in Election Petition. 5. It is also clarified that the Additional Commissioner shall not be influenced by the earlier order or for that matter this order while considering the application for recounting, if any, as and when, if and when such an Application is made. 6. Petition disposed of in the aforesaid terms. (GIRISH GODBOLE, J)