1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4497 OF 2009 ... Kishor s/o Thakarsing Jadhav. ...PETITIONER V E R S U S Madan s/o Hiraman Jadhav and ors. ..RESPONDENTS. Shri. N.B. Narvade Adv. H/f. Advocate for the petitioner. CORAM : B.R. GAVAI, J : DATE : 15th JULY, 2009 PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 21.01.2009 vide which an application filed by the present petitioner for framing of preliminary issue of estoppel came to be rejected. 2- The petitioner is elected in Grampanchayat. The respondent No.1 had challenged the election on the ground that counting was not properly done. In the said Election Petition, at the stage of fag end an application came to be filed by the present petition for framing of preliminary issue “as to whether the election petitioner was estopped from filing present petition, since he had accepted the earlier recounting” came to be rejected. 3- Shri. Narwade, the learned counsel appearing on behalf of the petitioner submits that once the respondent No.1 had accepted the recounting done by the learned Election Court, preliminary issue ought to have framed. 4- The Election Court has found that an application was made at the fag end of the trial and also evidence was recorded. 2 5- In any case, after the evidence is recorded it would be appropriate that all the issues are heard and decided by the trial court. 6- In that view of the matter, no perversity is noticed so as to warrant interference in extra ordinary jurisdiction of Article 227 of Constitution of India. Hence, rejected. ( B. R. GAVAI ) JUDGE ..... aaa/wp4497.09