1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2606 OF 2010 Mohammed Zafarulla Waheedulla, R/o-Dargapura, Kandhar, Dist-Nanded. ...PETITIONER. VERSUS 1) The State Election Commission, Maharashtra State, Mumbai, New Administrative Building, Madam Kama Road, Opp. Mantralaya, Mumbai-32, 2) The State of Maharashtra, Through Collector, Nanded, 3) The Returning Officer, Municipal Council, Kandhar, Dist-Nanded. ...RESPONDENTS. ... Shri.P.B. Patil Advocate for Petitioner. Shri.S.T.Shelke, Advocate for Respondent No.1. Shri.K.B. Choudhari,A.G.P. for Resp. No.2. ... CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. DATE : 29TH MARCH, 2010. 2 PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioner claims that he has filed nomination paper in the by-election for Ward No.8 of Municipal Council, Kandhar. The State Election Commission had declared the programme. Earlier one Mr. Pathan Mustak Asad Khan was elected as Councillor from the said Ward. 2. Learned counsel for the Petitioner submits that caste verification claim of said Pathan Mustak Asad Khan was invalidated. In the proceedings of Election Petition No.7 of 2007 filed by Shri. Mohd. Hamid s/o Mohd. Suleman, by Judgment dated 17th March 2010, Ad-hoc District Judge-1, Kandhar passed order by allowing the Petition and declaring the Petitioner therein, Shri. Mohd. Hamid, as returned candidate from the Ward No.8 of Municipal Council, Kandhar. 3 3. By communication dated 20th March 2010, the State Election Commission cancelled the election programme in the light of the Judgment and order passed by the Ad-hoc District Judge-1, Kandhar. 4. We do not find any error in the view adopted by the learned District Judge. The Petitioner does not have any vested right. No interference is called for in exercise of writ jurisdiction under Article 226 of the Constitution of India. Writ Petition is accordingly dismissed. [N.D. DESHPANDE, J.] [NARESH H. PATIL, J.] asb/MAR10/wp2606.10