1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7277 OF 2009 Nihal Ahmed Molvi Mohammed Usman ..Petitioners & anr. V/s. The Malegaon Municipal Corporation ..Respondents & ors Mr.Ramesh Dube  Patil i/b.M/s.Jay & Co., Advocate, for the petitioners Mr.S.S.Patwardhan, Advocate, for respondent No.1 Mr.M.M.Vashi a/w.Mr.A.A.Siddique, Advocate, for respondent No.4 CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 24TH AUGUST, 2009 P.C. . The petitioners have approached this Court invoking our jurisdiction under Article 226 of the Constitution of India. Petitioner No.1 is a group leader of Janta Dal Secular in the Municipal Corporation, Malegaon, District Nashik. 1/3rd members of the Standing Committee have retired after completion of one year duration and 2 therefore, the new nominations to be made to the Standing Committee are under process. The process is to be completed in terms of Section 20 alongwith Section 31(a) of the Bombay Provincial Municipal Corporation Act, 1949. It appears that on the basis of the strength of the Janta Dal Secular, petitioner No.1 is entitled to nominate one member as a member of the Standing Committee and accordingly following the process laid down under Section 31(a) of the said Act, the nominations were invited by the said Corporation. The dispute is about the nomination made by petitioner No.1. According to the petitioners, on 29th July, 2009, the petitioner No.1 has nominated one Moin Ashraf Maulana Mohammad Amin, Ward No.30. However, the grievance of the petitioners is that the sealed packet which was handed over by the petitioner No.1 to the Commissioner, who ultimately submitted it to the Mayor has been tampered by the Mayor and when it was opened in the Meeting it was found that it contained name of one Abdul Mallik Mohd. Yunus i.e. 3 the respondent No.4 herein. In view of this grievance, petitioner No.1 has also filed a complaint on 15th August, 2009, with the local police at Malegaon, District Nashik. However, we are told that as yet no F.I.R has been registered by the police. Both the letters dated 29th July, 2009, have been annexed to the Writ Petition at Exhibit J at page No.24 and at Exhibit L at page No.30. Both the letters are written on the Letter Head of petitioner No.1. What is important to be noted here is that on perusal of both the letters, it appears that both the letters contain the same text except the names of the person nominated. On reading of both the letters we find that the petitioner while submitting his letters has not made up his mind as to who should be nominated. Because in both the letters the petitioner states that for the time being the name mentioned therein is being nominated. With the naked eyes we can see that the hand writing of both the letters is of one and the same person. We 4 asked the learned counsel for the petitioners that the letter at Exhibit J which is admitted by the petitioner has been written in whose handwriting. He states that it is not in the hand writing of the petitioner but it is in the hand writing of one Mr.Vajhe, Party Secretary. We also tried to compare the signatures on both the letters and after perusing the signatures we are satisfied that the signatures on both the letters tally with each other. What we find is that it appears that on the same date, the petitioner has written the said two letters, the case of the petitioners that the letter which was submitted to the Commissioner and ultimately sent to the Mayor was tampered by the Mayor prima facie is not acceptable. On perusal of the first complaint i.e. at Exhibit N dated 13 th August, 2009, lodged by the petitioner addressed to the Mayor and the Commissioner of the Corporation and the averments made in the Writ Petition in paragraph 12 we find that they are in conflict and contradicting each other and therefore, the 5 petitioner himself is not sure about his own case in respect of the alleged tampering or forging. 2. Under these circumstances, we do not find any merit in the above Writ Petition which is accordingly rejected. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )