1 W.P.No.9274/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.9274 OF 2011. Lachho W/o Rahim Gawali, Age 24 years, Occ.Household, R/o Gawalipura, Ambejogai, Tq.Ambajogai, Dist.Beed. ... Petitioner. Versus 1. The State of Maharashtra, through its Principal Secretary. 2. The State Election Commission, Maharashtra State,Mumbai. 3. The Returning Officer for Election of Nagar Parishad, General Election, 2011 Ambajogai, Dist. Beed. ... Respondents. ... Mr.T.G.Gaikwad, advocate for the petitioner. Mr.K.B.Choudhari, Addl.Govt. Pleader for the State. Mr.S.V.Deshmukh, advocate holding for Mr.S.T.Shelke, advocate for Respondent Nos.2 and 3. ... CORAM : S.V.GANGAPURWALA,J. Date : 02.12.2011. 2 W.P.No.9274/11 ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The petitioner had filled in three set of nominations from Ward No.1-C. One nomination paper was filled in as a candidate of Ambejogai Vikas Aaghadi, Ambejogai and another two nominations were filled in as a candidate of Indian National Congress. Initially his nomination papers were rejected. Against that the petitioner filed appeal. The appeal came to be allowed and the Returning Officer was directed to accept the nomination form. Pursuant thereto, the Returning Officer accepted the nomination form as a candidate of Indian National Congress. The petitioner had given his option to contest as a candidate of the Ambejogai Vikas Aaghadi, Ambejogai. The petitioner has impugned the said order. 3 W.P.No.9274/11 4. In W.P.No.9172/2011, I have already taken a view that it is a choice of the candidate to contest as a candidate of the political party of his choice as there are no Rules governing the same. The will of petitioner should have been respected. The petitioner had given his choice to contest as a candidate of Ambejogai Vikas Aaghadi, Ambejogai, in writing. In view of that the impugned order can not be sustained and the Returning Officer shall accept the nomination form of the petitioner as a candidate of Ambejogai Vikas Aaghadi, Ambejogai instead of a candidate of Indian National Congress. 5. Rule is accordingly made absolute in terms of prayer clause (C). 6. The parties to act on authenticated copy. (S.V.GANGAPURWALA,J.) asp/office/wp927411 4 W.P.No.9274/11