ORDER :

The present interlocutory application is filed by the Petitioner herein (Respondent No. 5 in E.P. No. 1 of 2022) who was the Returning Officer for the Member of Legislative Council Elections, Adilabad Constituency to strike off his name from the array of parties in E.P. No. 1 of 2022.

2. Heard Mr. Avinash Desai learned counsel for the Petitioner herein, Mr. Ghanshyamdas Mandhani learned counsel representing Mr. Bankatlal Mandhani for Respondent No. 1 herein and Mr. B. Nalin Kumar learned counsel for Respondent No. 2 herein.

3. Facts of the case:

i) Election petition bearing E.P. No. 1 of 2022 was filed by Respondent No. 1 herein challenging the election of Mr. Vithal Dande (Respondent No. 2 herein) as Member of Legislative Council, Adilabad Constituency as void.

ii) In the said election petition, Respondent No. 1 herein contends that he had filed his nomination on 23.11.2021 and after scrutiny of the same it was found to be in order. The name of Respondent No. 1 was reflected in the list of validly nominated candidates dated 23.11.2021. However, on 26.11.2021, Respondent No. 1 found out that his name was missing in the final list of candidates. On enquiry, Respondent No. 1 found