Union Agriculture Minister and MCA chief Sharad Pawar on Friday withdrew an application seeking transfer of a suit filed by senior BJP leader Gopinath Munde, challenging Pawar’s election as the Mumbai Cricket Association (MCA) chief, to another judge of the city civil court.
Pawar’s lawyer S A Khandeparkar said, “The transfer application should be filed in the Bombay High Court. The principal judge, city civil court, has granted the liberty.”
Advocate Vivekanand Gupta, who appeared for Munde, told Newsline that after 10 minutes of his arguments on the point of jurisdiction, Khandeparkar made a submission before the court saying that he was withdrawing the application. “The transfer application was not maintainable in the city civil court,” said Gupta.
Pawar had sought transfer of the suit, and in a letter to the principal judge of city civil court dated January 11 stated that the suit filed by Munde was based on the interpretation of the provisions of the Memorandum of Association and the MCA rules.
The Bombay High Court had earlier granted interim relief to Pawar and set aside the city civil court’s order that prevented him from functioning as the president of the MCA.
Munde had challenged the rejection of his nomination to contest the biennial presidential election, terming it illegal.
The high court, while passing an order earlier, had said it was not inclined to consider Pawar’s plea to change the judge. “The learned judge (of the lower court) has passed the order on the basis of available material. The (lower) court will pass the appropriate order if a case is made to transfer the matter,” Justice Mohta had said.
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