{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10268 OF 2010 Rajendra s/o Vithal Gaikwad Petitioner Versus The State of Maharashtra & others Respondents Mr.R.N.Dhorde, advocate for petitioner Mrs.Y.M.Kshirsagar, A.G.P for respondents no.1 to 3. Mr.V.D.Salunke, advocate for Respondent No.4. Mr.S.T.Shelke, advocate for Respondent No.6. CORAM : R.M.BORDE, J. DATE : 29 th October, 2010 PER COURT: 1 The nomination paper tendered by Respondent No.4 with a view to contest election to a seat of Member of Municipal Council, Tuljapur, is directed to be accepted by the Returning Officer. It has been observed that the serial number mentioned in the nomination paper in respect of entry in the electoral roll is erroneously recorded. 2 Shri Dhorde, learned Counsel for the petitioner, contends that name of the candidate appears in the assembly election roll and not in the electoral roll prepared for purposes of holding election to the Municipal Council. However, it has been pointed out that name of candidate appears at Sr.No.46 in the list {2} annexed along with the petition. 3 Considering nature of objection and for the reasons recorded by the Returning Officer, I do not deem it necessary to cause interference in the petition. Petitioner, however, shall have a remedy available of presenting Election Petition after process of election is completed. Petition is devoid of substance. 4 Writ Petition stands rejected. It is made clear that the observations made in the order passed by Returning Officer or District Court shall not be an impediment in considering the election petition, on its own merits, if presented. R.M.BORDE JUDGE adb/wp1026810