1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7399 OF 2008 DIST.: NASIK Vithal Kashinath Aher & Ors. ...Petitioners Versus The Returning Officer, Agriculture Produce Market Committee, & Ors. ...Respondents. Mr. R.G. Ketkar i/by Mr. R.M. Pethe for the Petitioners Mr. P.P. Kukade, Assistant Government Pleader, for the State. CORAM: B ILAL NAZKI and J.H. BHATIA, JJ. DATE: NOVEMBER 11, 2008 P.C.:- In this Writ Petition, the order dated 20th October, 2008 passed by the Returning Officer, Agriculture Produce Market Committee, Manmad, has been challenged, by which the names of certain voters have been deleted, on the basis of a direction given by the High Court in Writ Petition No. 6388 of 2008 dated 15th October, 2008. The order of the High Court appears to have been challenged by way of a Special Leave Petition before the Supreme Court by a person other than the petitioners, and the Supreme Court 2 has passed the order on 4th November, 2008 in the following terms:- “... Issue notice. Until further orders, it is directed that the petitioner shall be allowed to contest and vote in the election scheduled to be held on 16th November, 2008, but its result shall not be declared.” 2. The petitioners state that they are similarly placed persons who had approached the Supreme Court. Therefore, the impugned order should be stayed as far as they are concerned. They also contend that they have moved an application before the Supreme Court for interim order, which is pending. The petitioners have moved the Supreme Court for the relief for which the present petition is filed. It will not be appropriate for the High Court to intervene in a matter which is pending before the Supreme Court. 3. Therefore, we are not going into the merits of the case, and on the ground that the matter is pending before the Supreme Court, we decline to exercise jurisdiction. The Writ Petition is dismissed. BILAL NAZKI, J. J.H. BHATIA, J.