1 W.P. No. 4330.11 & W.P. No. 4745.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 4330 OF 2011 (Madhavrao S/o Govindrao Narwade & Ors V. The State of Maharashtra & Ors ) WITH WRIT PETITION NO. 4745 OF 2011 Mr. S.B. Ghatol Patil, Advocate for the petitioners Mr. R.P. Phatke, Addl. G.P. for respondents /State Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 8th July, 2011 PER COURT : . Heard Shri Ghatol, learned counsel for the petitioners. Petitioners impugn the acceptance of the nomination of respondent Nos. 5 & 6 in both the Writ Petitions, on the ground that they were disqualified on the date of filing of nomination papers from 2 W.P. No. 4330.11 & W.P. No. 4745.11 contesting the elections. 2. Shri Ghatol learned counsel has relied on the certificate issued by the authorities, showing that on the date of filing of nominations, there were dues against the respondent No. 6, so also against the proposers of respondent No. 5, on the last date of filing nomination, the respondents were defaulters. They were not eligible to contest the election, nor their nomination forms could have been accepted. So also as the proposers of respondent No. 5 were defaulters they were not eligible to be the proposers. Eventually the nomination paper of respondent No. 5 also should have been rejected. 3. The nominations of respondent Nos. 5 & 6 are accepted. The factum of default may require enquiry to be conducted, and also opportunity to be given to the said respondents. The elections are scheduled day after tomorrow i.e. 10th July, 2011. At 3 W.P. No. 4330.11 & W.P. No. 4745.11 this eleventh hour, this Court cannot enquire into all these aspects. In that view of the matter, I relegate the petitioners to avail alternate remedy of filing an election petition. The Writ Petitions are disposed of, with liberty to the petitioners to file an election petition, if so advised, in respect of subject matter involved in the present Writ Petitions. 4. In case such election petitions are filed, the authority concerned shall dispose of the election petition as expeditiously as possible. However, no order as to costs. ( S.V. GANGAPURWALA, J. ) SDM*