- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3687/2009 Taherabegum w/o Abdul Kuddus & another. ...Petitioners.. Versus The State of Maharashtra & others. ...Respondents... ..... Shri V.D. Salunke, Advocate for petitioners. Shri K.J. Ghute Patil, AGP for respondent nos.1 & 4. Shri S.P. Sonpawale, Advocate for caveator. Shri S.T.Shelke, Advocate for respondent no.2. Shri S.J. Salunke, Advocate for respondent no.3. ..... CORAM: P.V. HARDAS & R.K. DESHPANDE,JJ. DATE: 25.06.2009 PER COURT: 1] This is a petition under Article 226 of the Constitution of India, by which the petitioners pray for issuance of a writ directing the respondents to stop / postpone the election of the President of the Municipal Council, - 2 - Jintur, scheduled to be held on 27.6.2009 and also for directing the respondents to hold the elections after completion of by-elections for Ward Nos.3 & 16 of Jintur Municipal Council. 2] According to the petitioners, the elections to the post of President are scheduled to be held on 27.6.2009. According to the petitioners, two seats, which were reserved for women, were declared vacant. Instead of holding prompt elections for filling these vacant seats, the elections to the post of President are scheduled on 27.6.2009, while the elections for these two vacant seats are scheduled to be held on 7.7.2009. It is, therefore, urged before us that if the elections to these vacant seats are held subsequent to the elections for the post of President, the two candidates, who would ultimately be declared to the two vacant seats, would be deprived of an opportunity of contesting the elections for the post of President. 3] Notice came to be issued to the respondents and the respondents have filed their affidavit in reply. 4] We have considered the rival contentions advanced before us by the learned counsel for the parties. The statute of the relevant rules does not specify that all the vacancies should be filled in before the elections to the seat of President could be held. In the present case, unfortunate, though it may appear, in the light of the fact that the elections are to be held on 27.6.2009, we are not inclined to interfere. Accordingly, this writ petition is summarily dismissed with no costs. (R.K. Deshpande,J.) (P.V. Hardas, J.) ndk/c25609