1 W.P. No. 3228.92 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 3228 OF 1992 Uttamrao S/o Narayanji Shingade ..PETITIONER VERSUS The State of Maharashtra & Ors ..RESPONDENTS ... Shri S.S. Choudhari, Advocate for petitioner Shri V.G. Shelke, AGP for respondent / State CORAM :- S.V. GANGAPURWALA JJ. DATE:- 2nd August, 2011. PER COURT: The present Writ Petition is directed against the observations made by the District Judge, Latur, in his Judgment dated 13-02-1992, in Election Appeal No. 5 of 1992, more particularly the observations in para Nos. 2 W.P. No. 3228.92 12 & 13 of the said Judgment. 2. Shri Choudhari, learned counsel for the petitioner submits that, the observations are made against the present respondent No. 1 without any material on record, it was not an intentional act of the present petitioner. He has acted in the course of his official business. The Petitioner was the Returning Officer, he had no personal interest in the matter. Even the candidate withdrew his nomination and he did not contest the election. Non- issuance of the certificate under Rule 12 of the Zilla Parishad Election Rules, 1962 could not the subject matter, when the form was not accepted, and hence, no question arose about the issuance of the said certificate. 3. With the assistance of learned counsel, I have gone through the Judgment. No doubt, strictures are passed against the petitioner, although there was no intentional act on the part of petitioner. He has acted in the course 3 W.P. No. 3228.92 of his official business. As such, malafides cannot be attributed to the petitioner. The observations to the extent of malafides on the part of the petitioner are expunged, from the impugned Judgment. 4. The Writ Petition is disposed of. No costs. [S.V. GANGAPURWALA, J ] SDM* August-11