Bombay High Court
Kirtikumar Dattatray Shivsharan vs The Election Commission Of India And 3 ... on 17 February, 2023
Author: Prithviraj K. Chavan
Bench: Prithviraj K. Chavan
1-EP-1-2019.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ELECTION PETITION NO.1 OF 2019
Kirtikumar Dattatray Shivsharan ] Petitioner
Vs
The Election Commission of India ]
and three others. ] Respondents
.....
Mr. Sandeep Rankhambe, for Petitioner.
Ms. Drishti Shah i/b Ms. Rekha Rajgopal, for Respondents No.1
and 2.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 17th FEBRUARY. 2023.
(In Chambers)
P.C.
1. Pursuant to an order passed by this Court on 6th February, 2023 in the aforesaid Election Petition, Master and Assistant Prothonotary (Judicial) has submitted a report dated 7th February, 2023. It appears that the track report in respect of respondent No.3 shows "Item Dispatched" on 4th October, 2019 at 9:23:02. However, it is submitted that there is no confirmation of item delivery. As such, it is reported by the Master and Assistant Prothonotary (Judicial) that the respondent No.3 is not served.
1 of 2 Digitally signed by SHAILAJA SHAILAJA SHRIKANT SHRIKANT HALKUDE 1-EP-1-2019.doc
2. Issue writ of summons to respondents No.1 to 3 returnable on 17th March, 2023.
3. Ms. Shah waives service of writ of summons on behalf of respondents No.1 and 2.
4. Mr. Rankhambe, learned Counsel for the petitioner has tendered affidavit of service qua respondent No.3 - Shri Sha. Bra. Dr. Jai Sidheshwar Shivachary Mahaswamiji. The said affidavit is sworn by one Jagdish J. Dahivalkar, Clerk of Advocate Sandeep Rankhambe. Affidavit is annexed with the track consignment of the postal department. Registry to accept the said affidavit.
5. Today, none appears for respondent No.3.
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