:1: 10543.11.wp ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10543 OF 2011 Asif Gulab Shikhalgar .. Petitioner Vs. Election Officer and Ors .. Respondents Mr. S.S. Patwardhan,for the Petitioner. Mr. A. M. Kulkarni,for the Respondent No.3 Mr.S. B. Shetye, for Respondent No.5. CORAM :- G. S. GODBOLE, J. DATE :- DECEMBER 5, 2011 P.C. Not on Board. Taken on Board on production. 2 Heard Mr. Patwardhan, Mr. Shetye and Mr. Kulkarni, the learned Advocates. Mr. Patwardhan may be justified to some extent in his criticism that when the original validity certificate of the Petitioner was very much available with the returning officer and had been told by the returning officer by the Collector on 22nd November, 2011, there was hardly any justification for rejecting the nomination on the ground that the original validity certificate was not filed along with the nomination paper. 3 However, considering the fact that Respondent No.4 has withdrawn nomination and Respondent No.3 remained to be the only validly nominated candidate and only on the ground that at present stage of election when the date for distribution of symbol is already :2: 10543.11.wp over, and polling is scheduled on 11th December, 2011, I decline to entertain the Writ Petition by expressly keeping the remedy of filing Election Petition under Section 21 of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965 where all contentions are left open for being agitated. If the election petition is filed, it is needless to state that the concerned Judge hearing the election petition will not be influenced by the observations made in the impugned judgment and order in Election Appeal No. 1 of 2011. So also, if the Election Petition is filed, the same shall not be assigned to the same Presiding Officer who has decided the present Appeal. All the contentions of the parties are kept open. Writ Petition accordingly disposed of. (G. S. GODBOLE,J.)