wp6013.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.6013/2011 Sou.Revati S. Yenurkar -vs- Returning Officer and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri P.S.Wathore, counsel for the petitioner. Mrs.Jachak, AGP for the respondent No.1. CORAM : SMT. VASANTI A. NAIK, J. DATE : 09.12.2011. Heard. The elections to the Municipal Council, Mohpa are scheduled on 11/12/2011. By this petition the petitioner is challenging the correctness of the order passed by the Returning Officer rejecting the nomination form of the petitioner as also the judgment passed by the District Judge on 30/11/2011 dismissing the appeal filed by the petitioner against the rejection of the nomination paper. The learned District Judge has recorded a finding of fact that the petitioner was granted an opportunity to submit the caste certificate on the date of scrutiny by the Returning Officer but the petitioner failed to submit the caste certificate even on the date of scrutiny. Though the petitioner has challenged the finding of fact in this petition, it would not be proper on the part of this Court to grant any relief in this case wp6013.11.odt 2/2 when the elections are scheduled on 11/12/2011 and the electronic voting machines are already sealed on 7th of December, 2011. Hence, it would not be in the interest of justice to interfere with the election process at this stage. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE