( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3058 OF 2009 WRIT PETITION NO.3058 OF 2009 WRIT PETITION NO.3058 OF 2009 Gautam Baburao Ingale & Ors. .. Petitioners V/s The State of Maharashtra & Ors. .. Respondents Mr.M.L.Patil i/by Mr.N.Y.Chavan for Petitioners. Mr.Vinay Masurkar, Govt.Pleader for Resp.Nos.1 to 3. Mr.Uday Warunjkar for Respondent No.4. Mr.Savagave for Respondent No.5. CORAM : CORAM : CORAM : S.B.MHASE & S.B.MHASE & S.B.MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE : 18TH MARCH, 2009. DATE : 18TH MARCH, 2009. DATE : 18TH MARCH, 2009. P.C. P.C. P.C. 1. Petitioners have approached this Court challenging the order of the Returning Officer passed on 12.3.2009 whereby he has challenged the rejection of their nomination papers. The learned Counsel for the petitioners has also challenged the Circular of the Respondent No.2 dated 1.9.2007 before this Court. 2. The nomination papers of the Petitioners have been rejected on the ground that as per the Circular dated 1.9.2007 the Petitioners have not deposited Rs.75000/-each with the Society. It was the contention of the Advocate for the Petitioners before the Returning Officer that the Bye-laws of the Soceity have not been amended as per the Circular and therefore, nomination papers should be accepted.. This argument has been rejected by the Returning Officer. ( 2 ) 3. The order of the Returning Officer can be challenged by filing the Appeal under Section 152A of the Co-operative Societies Act. The Petitioners have not filed the said Appeal and now they are comming before this Court raising the contention which could have been considered in the Appeal by the Appellate Authority. What we find that the limitation for filing the Appeal is over and therefore to circumvent all these provisions, the jurisdiction of this Court under Article 226 of the Constitution is tried to be invoked. Since we find that the alternate remedies were available to the Petitioners which the Petitioners have not followed, that does not mean that the Petitioners can circumvent the provisions of Section 152A of the Co-operative Societies Act by filing such petition and asking this Court to consider the validity of the Circular dated 1.9.2007. The validity of the Circular is a consequence of rejection of nomination papers. 4. Under these circumstances, we refrain to entertain this Petition. However we also find that even though the remedy of Section 152A is not available to the Petitioners, they can avail of the remedy of election petition as provided under the Co-operative Societies Act, after the election results are declared. Petition stands dismissed. ( 3 ) (D.B.BHOSALE,J.) (S.B.MHASE, J.) (D.B.BHOSALE,J.) (S.B.MHASE, J.) (D.B.BHOSALE,J.) (S.B.MHASE, J.)