bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7067 OF 2008 PETITION NO. 7067 OF 2008 PETITION NO. 7067 OF 2008 Rajendra Vasantrao Raskar ... Petitioner v/s Ashok Devram Walunj & ors. ... Respondents Mr.V.B.Nighot for the petitioner. Mr.R.A.Thorat i/by Mr.P.J.Thorat for the Resp.No.1. Mr.N.V.Bhadrashete for the Resp. No.2. Mr.V.S.Masurkar with Mr.S.D.Rayrikar, A.G.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 16TH OCTOBER, 2008 16TH OCTOBER, 2008 16TH OCTOBER, 2008 P.C. P.C. P.C.: 1. The petition challenges the order passed by the Collector, Mumbai City District, dismissing the challenge of the petitioner to the nomination of respondent No.1. The Collector has, on scrutiny of the nomination papers and after hearing the parties, accepted the nomination of the 1st respondent. He has held that as the "no dues certificate" was issued by the A.P.M.C., there was no need to entertain the appeal against the order passed by the Returning Officer. 2 2. It is submitted on behalf of the petitioner that the "no dues certificate" has been issued by the A.P.M.C. contrary to the rules and hence the 1st respondent had become ineligible to contest the election as he was disqualified under Rule 41(1) of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Rules of 1967. 3. In my opinion, there is no need to interfere with the orders challenged. The petitioner always has a right to challenge the election if at all the 1st respondent is declared a successful candidate at the election. 4. Writ petition rejected.