1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3026 OF 2010 Ramjanikha S/o Nawabkha and oths. .... PETITIONERS V E R S U S The State of Maharashtra & Oths. .... RESPONDENTS Mr. K.F.Shingare, Advocate for petitioners. Mr. K.J.Ghute Patil, Assistant Govt. Pleader for State. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE : 06/04/2010 PER COURT : 1. By this petition under Article 226 of the Constitution of India, the petitioners pray for postponing the elections scheduled to be held on 11/4/2010 in respect of respondent no. 2 – Municipal Corporation , Aurangabad and respondent no. 4 – Sompuri Vividh Karyakari Seva Sahakari Sanstha Maryadit, Sompuri, Tq. Paithan, Dist. Aurangabad on the ground that elections of respondent nos. 2 and 4 are scheduled to be held on the same day. According to the petitioners, this would pose serious difficulties to them in the exercise of their right of franchise. 2 2. After arguing for some time, Mr. Shingare, learned counsel for the petitioner seeks to withdraw this petition with liberty to file representation with respondent no. 1 seeking the prayer to postpone the elections. We, therefore, dismiss this petition as withdrawn with aforesaid liberty. We further direct that if the representation is submitted by tomorrow, respondent no. 1 to decide the same in accordance with law before 11/4/2010. We make it clear that we have not dealt with the challenges raised in this petition on its merits. Respondent no. 1 to decide the representation uninfluenced with the fact that we have direct the respondent no. 1 to decide the representation before 11/4/2010. Learned Assistant Govt. Pleader undertakes to communicate this order to the respondent nos. 1 to 3. 3. In the circumstances, there shall be no order as to costs. The parties to act upon copy of this Order duly authenticated by the Court Shirastedar. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 3026.10 3