1 wp8483-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8483 OF 2010 Smt. Jayashir Jagannath Shelar ..Petitioner. V/s. State of Maharashtra & Ors. ..Respondents. Mr. P.M. Pradhan i/b. Yogesh Dalvi & Vishal Patil for petitioner. Mrs. M.P. Thakur, A.G.P. for respondents. CORAM : B.H. MARLAPALLE AND U.D. SALVI, JJ. DATED : 22ND OCTOBER, 2010 P.C. :- 1. Heard Mr. Pradhan, the learned counsel for the petitioner. By a Notification dated 25/09/2010, the programme for the election of Village Panchayat, Pundas was announced and the last date to submit the nomination forms was 09/10/2010. The petitioner as well as respondent No.3 submitted their nominations before 09/10/2010 and in the scrutiny of the nomination forms, which was held on 11/10/2010, their nominations have been accepted. The last date to withdraw the nomination was 13/10/2010 and on the same date, the symbols were to be allotted to the respective candidates. The election is scheduled to be 2 wp8483-10 held on 24/10/2010. Both the petitioner as well as the respondent No.3 are the candidates from the same Ward i.e. Ward No.4(d) of Pundas village panchayat. The nomination forms of both of them came to be accepted. 2. As per the petitioner, the nomination form of respondent No. 3 was required to be rejected and he also states that in fact her form was so rejected but subsequently, the respondent No.2 accepted her nomination form as being valid and this decision is sought to be challenged in this petition under Article 226 of the Constitution of India. 3. At this stage, we are not inclined to show our indulgence and it would be appropriate if the petitioner is left to the remedy of filing an election petition, if so required, as per the provisions of the Bombay Village Panchayats Act, 1958. 4. The petition is rejected. 5. All issues on merits are left open. (U.D. SALVI, J.) (B.H. MARLAPALLE, J.)