:1: 10559.10560.10563.11.wp ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10559 OF 2011 Vijaykumar S. Muknar .. Petitioner Vs. Returning Officer and Ors .. Respondents WITH WRIT PETITION NO.10560 OF 2011 Shivsharan K. Wale .. Petitioner Vs. Returning Officer and Ors ..Respondents WITH WRIT PETITION NO.10563 OF 2011 Mohamad Rafiq Saifansaheb Nimbalkar(Nadaf) .. Petitioner Vs. Returning Officer and Ors .. Respondents Mr. Vinit Naik i/b Mr. P. G. Sarda,for the Petitioner. Mr. S. S. Inamdar,for the Respondent No.3 in WP.10559/11. Mr. S. B. Shetye,for Respondent No.5,12 & 3 In WP.10559/11, WP. 10560/11 & WP. 10563/11 respectively. CORAM :­ G. S. GODBOLE, J. DATE :­ DECEMBER 5, 2011 P.C. Not on Board. Taken on Board on production. 2 Leave to amend and add party. 3 The Petitioner has an alternate and efficacious remedy of filing Election Petition under Section 21 of the Maharashtra Municipal :2: 10559.10560.10563.11.wp Councils, Nagarpanchayats and Industrial Townships Act, 1965 and only on that ground and not on merits, the Writ Petition is not entertained. All the contentions of both the parties are kept open. If the Election Petition is filed by the Petitioners, the same shall not be heard by the same Presiding Officer, who has passed the impugned order in Election Appeal Nos. 8 of 2011, 7 of 201,15 of 2011. 4 Needless to state that if an Election Petition is filed, the concerned Judge hearing the Election Petition will not be influenced by any observations made in the impugned orders. (G. S. GODBOLE,J.)