FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4284 OF 2008 -------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s or Court’s or Judge’s orders directions & Registrar’s orders -------------------------------------------------------------------- Mr.Sandeep K. Shinde for the petitioner. Mr.S.M. Gorwadkar for respondent No.1. Mr.R.M. Patne, AGP for respondent No.4. CORAM : J.P. DEVADHAR, J. DATED : 20TH JUNE, 2008. P.C. 1. The petitioner had filed his nomination to the post of President of the respondent No.1 - Trust. His nomination was rejected by the Returning Officer on 5-6-2008 on the ground that Shri Rahalkar who had proposed the name of the petitioner had also seconded the name of the petitioner. As one person could not be a proposer as also a seconder, the Returning Officer held that if the name of Mr.Rahalkar is excluded from the list of seconder, there would be 49 seconders whereas, the constitution of respondent No.1 - Trust requires that the nomination for the post of President should be seconded by 50 members. 2. It is the contention of the petitioner that one Mr.Sameer Dev had seconded the name of the petitioner and if his name taken into consideration, the nomination filed by the petitioner would be in order. 3. Neither the order dated 5-6-2008 rejecting the nomination of the petitioner is annexed to the petition nor the list of the seconders submitted by the petitioner is annexed to the petition. In these circumstances without verifying the facts, no relief can be granted in favour of the petitioner. Moreover, in the interregnum final list of the candidates have already been published on 10-6-2008 and election is due to be held on 22-6-2008. 4. In these circumstances, in my view no interference is called for at this stage and it will be open to the petitioner to file election petition after the elections is over. 5. The writ petition is dismissed. No costs. J.P. DEVADHAR, J.