1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2813 OF 2010 Alka Shashikant Patare } Age : 44 Years, Occ. : Household, } R/o : Ambika Nagar, Mukundwadi, } Aurangabad. } ..... PETITIONER VERSUS 1. The State Election Commissioner Opposite Mantralaya, } Mumbai – 32. } 2. The Election Officer } Municipal Corporation } General Election 2010 } Ward No. “ E ”, Aurangabad } 3. The Municipal Corporation } Aurangabad through its } Commissioner } .... RESPONDENTS Mr. S.W.Munde, Advocate for petitioner. Mrs. A.V.Gondhalekar, Assistant Govt. Pleader. Mr. S.T.Shelke, Advocate for respondent no. 2. Mr. R.S.Deshmukh, Advocate for respondent no. 3. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 29/03/2010 2 JUDGMENT : [ PER – S.V.GANGAPURWALA, J. ] 1. Heard respective counsel for the parties. 2. The petitioner had filled in the nomination form for contesting the general election of Municipal Corporation, Aurangabad from Ward No. 80, reserved for other backward class ( woman ) category candidate. 3. The petitioner filled her nomination form in her paternal name Alka Dadarao Salve. The nomination form of the petitioner is rejected by the Returning Officer vide its order dated 23/3/2010 on the ground that the petitioner’s name does not appear in the voters list. The petitioner had filled in the form in the name as Alka Dadarao Salve. The said name does not appear in the voters list. Though it is contended by the petitioner that the same is her paternal name and after marriage her name is as shown in the cause title, still no fault can be found with the order of the Returning Officer in view of the fact that the name in which the petitioner had filled in the nomination form does not appear in the voters list. More over, the elections are scheduled on 11/4/2010 and it would also not be appropriate to interfere at this stage. The petitioner also has a remedy by way of an election petition if the petitioner feels aggrieved by the rejection of her nomination form. 4. In view of the above, the Writ Petition is summarily 3 dismissed with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2813.10