(1) WP 6315.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6315 OF 2011 Balkrushna Vitthal Sathe and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. Niteen V. Gaware, Advocate for the Petitioners. Mr. K.S. Patil, A.G.P. for the Respondent-State. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 26TH AUGUST, 2011 ORAL ORDER: 1. The limited grievance of the petitioner is that in the election programme, only one day is prescribed for withdrawal of the nomination papers. 2. The grievance of the petitioner does not appear to be correct. Perusal of Rule 51 and 52 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 would reveal that a candidate is entitled to withdraw his candidature, where no appeal is filed after the period, as prescribed in Rule 51 is over and in case (2) WP 6315.2011 where the appeal is filed on the next date of the decision of the appeal. 3. Perusal of the election programme would reveal that the last date for filing the appeal is 23.8.2011. The date for deciding the appeal is 30.8.2011. In that view of the matter, we find that the date in column no. 9 i.e. 2.9.2011 will have to be treated as the last date of withdrawal. In case where no appeal is filed, the candidate can withdraw the candidature on any day after 23.8.20111. In case an appeal is filed, the candidate would be entitled to withdraw the candidature after 30.8.2011 i.e. on 31.8.2011, 01.09.2011 and 02.09.2011. Petition disposed of with the aforesaid observations. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/