wp4266.11.odt 1/1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4266/2011 Mahesh Swaropchandraji Jain -vs- The S.D.O. Cum Returning Officer and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri A.M.Ghare, counsel for the petitioner. Shri Sonare, AGP for the respondent Nos.1 and 4. Shri Khanzode, counsel for the respondent No.2. CORAM : SMT. VASANTI A. NAIK, J. DATE : 15.09.2011. The petitioner has challenged the acceptance of nomination form of the respondent No.2 on the ground that the seconder to the nomination form was not a member of the society to whom he represents, for a period of two years. The said question cannot be decided in exercise of the writ jurisdiction as the respondent No.2 has disputed this position and several disputed questions of facts are involved in the issue. Hence, the learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to agitate the issue, after the elections, in case need arises. Permission and liberty are granted as prayed for. The writ petition is disposed of as withdrawn. JUDGE KHUNTE