1 lpa388-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.388/2011 Shakil Ahmed S/o Isaq Qureshi Age 335 years, Occ-Business R/o Qureshi Nagar, Near Qureshi Masjid, Old Railway Station, Parli Vaijnath, Tq. Parli Vaijnath Dist.Beed .. Appellant Versus 1] The Returning Officer Municipal Council, Parli, i.e. the Tahsildar, Parli-Vaijnath Tq. Parli-Vaijnath, Dist.Beed 2] Qureshi Anis Haidarsab Age 28 years, Occ-Labourer R/o Old Railway Station, Near Markaz Masjid, Parli Vaijnath Tq. Parli Vaijnath,Dist.Beed. .. Respondents .... Shri Sachin Deshmukh,Adv.for appellant. Shri S.T.Shelke,Adv.for Election Commission. ... 2 lpa388-11.odt LETTERS PATENT APPEAL NO.389/2011 Haseenabai Ismail Gavli Age 45 years , Occ-Houshold R/o Gavlipura, Ambajogai Tq. Ambajogai, Dist.Beed. .. Appellant Vs 1] The Returning Officer and others .. Respondents .... Shri Sachin Deshmukh,Adv.for appellant Shri S.T.Shelke,Adv.for Election Commission. .... LETTERS PATENT APPEAL NO.390/2011 Usha W/o Rajabhau Wapte .. Appellant Vs 1] The Returning Officer and others. .. Respondents ... Shri Sachin Deshmukh,Adv.for appellant 3 lpa388-11.odt Shri S.T.Shelke,Adv. Election Commission. ... LETTERS PATENT APPEAL NO.392/2011 Geeta Sanjay Pandhare .. Appellant Vs 1] The Returning Officer and others .. Respondents ... Mr.N.B.Khandare,Adv.for appellant. Shri S.T.Shelke,Adv.for Election Commission. ... CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 9th DECEMBER ,2011 ORAL ORDER : 1] The learned counsel S/Shri Khandare and Sachin Deshmukh for appellants submit that the order passed by District Judge, 4 lpa388-11.odt which was impugned before the learned Single Judge has caused serious prejudice to the interest of the appellants as the view adopted by the District Judge in the judgment impugned before the learned Single Judge is contrary to the provisions of Section 9-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 [for short the Act of 1965] and the view adopted by the Division Bench of this Court [Coram A.M.Khanwilkar and S.S.Shinde,JJ.] in a batch of Writ Petitions [Nos.324, 500, 274 & 269/2010] on 28/1/2010. The learned counsel further submitted that in the facts of the case, interference by this Court is desired without any obstacle of provisions of Article 243(ZG) of the Constitution of India. 2] Shri S.T.Shelke, learned counsel appearing for Election Commission, submits that the elections are imminent and the voting is fixed on 11th December 2011, therefore, interference is not warranted. 5 lpa388-11.odt 3] We have perused the impugned orders, judgments cited before us and the submissions advanced. We have perused the provisions of Article 243(ZG) of the Constitution of India. We have perused the election programme, considered the submissions advanced. In the facts of the case, we find that the elections are imminent and well underway. The voting is scheduled on 11th December 2011. The learned Single Judge has taken into consideration all these relevant aspects of the matter and has even referred to the provisions of Article 243(ZG) of the Constitution of India. The appellants have alternate statutory remedy to approach Election Tribunal. 4] In exercise of our jurisdiction under Letters Patent, we are not inclined to disturb the election programme or cause interference by way of issuing interim directions at this stage. Letters Patent Appeals are dismissed. 6 lpa388-11.odt 5] In view of dismissal of Appeals, Civil Application Nos.14929, 14942, 14944 and 14946 of 2011 do not survive and the same are disposed of. (T.V.NALAWADE, J.) (NARESH H. PATIL,J.) umg/lpa388-11