1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.3462/2009 (Vitthal A. Mahalle .vs. State Election Commission , M.S. Mumbai and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. U.K. Bisen, Advocate for Petitioner. .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : AUGUST 17, 2009 Heard Mr. Bisen, learned counsel for the petitioner. By this petition, the petitioner seeks the following reliefs: “(i) direct the respondent No.1 & 2 to hold fresh election for the post of ward member of Ward No.1 of Gram Panchayat Tarodi (Buj.), Tq. Kamptee, Dist. Nagpur. (ii) direct the respondent No. 2 and 3 not to hold the election of Sarpanch of Gram Panchayat Tarodi (Buj), Tq. - Kamptee, Dist. Nagpur as per the declared program which is at Annexure- B till holding the election of ward member from Ward No.1 of the said Gram Panchayat.” In so far as first relief is concerned, there is no statement made in the petition that any demand was 2 made to respondents no.1 and 2 to hold elections in respect of Ward Member of Ward No.1 of Gram Panchayat Tarodi (Buj.). It is well settled by the catena of decisions of the Apex Court that if the petitioner seeks writ of mandamus, demand for justice has to be made before approaching the High Court. In the present case no such demand has been made by the petitioner and as such first relief is not available to the petitioner at this stage. In so far as second relief is concerned, we find no merit in the submission of the petitioner that unless the election of Ward Member of Ward No.1 is held, election to the post of Sarpanch cannot be held. Therefore, we find no merit in the present writ petition. Therefore, the writ Petition is dismissed. JUDGE JUDGE halwai