spb/ 1 prwp10481.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 10481 OF 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.S. Patwardhan for the Petitioners. Mr. S.S. Kshirsagar for Respondent No.6. Ms. P.S.Cardozo, AGP for the Respondent Nos.1 to 3. --- CORAM : G.S. GODBOLE, J. DATE : 02nd DECEMBER, 2011 P.C.:- 1 Not on Board. Taken on Board. 2 Mr. Patwardhan for the Petitioner and Mr. Kshirsagar for the Respondent No.6 and learned AGP for the Respondent Nos.1 to 3. 3 By the impugned order, Appeal filed by the Respondent under section 152A of the MCS Act, 1960 has been allowed and his nomination paper has been accepted. This order is capable of being challenged by filing an Election Petition in case the Respondent No.4 is declared as elected. Thus the Petitioner has an alternate efficacious statutory spb/ 2 prwp10481.11 remedy of filing an Election Petition under Section 91 of the MCS Act, 1960. If such Petition is filed, the same will have to be expeditiously disposed of. 4 Hence, leaving aforesaid statutory remedy under section 91 open to the Petitioner, this Writ Petition is disposed of only on the ground of availability of an alternate remedy and not on merits. (G.S.GODBOLE, J.)