1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2778 OF 2010 (Milind J. Patkar & Ors. vs. State Election Commissioner through the Commissioner, Mumbai & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JUNE 23, 2010. Heard Shri Ansari, learned counsel for the petitioners and Shri Sonare, learned AGP for respondents No.1 to 3. Nobody appears for respondents No. 4 & 5, though they are served. The nomination paper of the petitioners have been rejected as they did not file house tax receipt. The contention of the petitioners is that law does not contemplate filing of such house tax receipt. In addition, a statement is being pointed out in writ petition that the petitioners themselves do not own any immovable property and they are residing with their father/ husband. The learned counsel states that nomination papers only contain a declaration that the petitioners are not in arrears of any amount to Gram Panchayat and that declaration has been accordingly filled in by the petitioners. Attention is also invited to reply tendered by Respondents No. 2 & 3 to show that there also an incorrect stand has been taken. The learned AGP argues that the reasons 2 given are just and proper. The burden was upon the petitioners to show that they were not in arrears of house property tax. He states that an objection about the arrears was raised and hence form was rejected. The nomination forms required the petitioners to disclose their ownership of immovable property. It is not clear whether the petitioners have disclosed such ownership or then they have mentioned that they were residing in properties belonging to their father or husband. Merely stating that they are not in arrears of any tax, is not sufficient and details of immovable property are also required to be disclosed. The Elections are scheduled on 27th June 2010. In the circumstances, I find that certain disputed questions of fact arise, which cannot be decided satisfactorily by this Court. Hence, with liberty to the petitioners to approach appropriate forum in the matter, writ petition is disposed of. No costs. JUDGE *GS.