SAHADEV BHERABHAI CHAUDHARI Vs. KASHIRAM RANA

JUDGEMENT

(1.) The defeated candidate had challenged the election of the returned candidate by riling the present election petition. Later on the election application No. 6 1992 was moved by the petitioner seeking the permission to withdraw the petition. After hearing the learned advocates, by the orders dated 14th August, 1992 the permission to withdraw was accorded. Any how, looking to the provisions contained under Sec. 110 (3) (b) of the people of the Representation of the People Act, 1951 the notice of the withdrawal was ordered to be published in the official gazette as well of the Gujarati daily known as "Gujarat Mitra" having a wide circulation in the concerned constituency. The matter was ordered to be pleaced before this Court for taking further actions as envisaged under section 110 (3) (c) of the Act of 1951.

(2.) The notice of withdrawal has been published in the Gujarat Government Gazette dated 17th September 1992 which is on the record of the petition. In the same way the notice of the withdrawal has been duly published in the daily "Gujarat Mitra" in its issue of 15th September 1992. Thus the notices of withdrawal have been duly published both in the Gazette as well as in the aforesaid Gujarati daily having a wide circulation in the constituency concerned.

(3.) It requires to be noticed that any person who might himself have been a petitioner could have applied to this Court for his substitution as the petitioner in place of the party withdrawing. This position is abundantly clear, regard being had to the provisions contained under section 110 (3) (c) of the Act of 1951. Any how it requires to be noticed that nobody has applied to this Court for his or her substitution as a petitioner in place of the party withdrawing. In view of this fact situation, now the report of the withdrawal be sent to Election Commission as envisaged under section 110 of the Act, 1951. On the report of the fact of withdrawal, the Election Petition shall stands disposed of alongwith other ancillary proceedings. No order as to costs. The Registry is directed to report the withdrawal as envisaged under the aforesaid provisions forthwith to the Election Commission.