1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal No.117 of 2010 IN Writ Petition No.597 of 2010 [decided] [Sheshrao P. Shelke Vs. Distt. Dy. Registrar, Co-op. Societies, Buldana & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.M. Ukey, Adv., for the appellant. Mr. D.P. Thakre, AGP for respondent no.1. ----- CORAM : A.H. JOSHI AND P.B. VARALE, JJ. DATE : 26th February, 2010. 1. Heard. 2. Returning Officer had accepted the present appellant's nomination paper. This order dated 16th January, 2010 is quashed and set aside by the learned Single Judge. The appellant herein is challenging the said order passed in Writ Petition. 3. The ground on which the Writ Petition has been allowed is that the normal place of residence of the appellant, which is Mehekar, does not come within the area serviced by Dongaon Branch of Chikhali Urban Co-operative Bank Ltd. 2 4. The second argument advanced before this Court is that the question of area serviced by Branch was not a matter on which the Returning Officer had dealt with. 5. The appellant has not been able to show as to what is the definition or compass of the term “area to be serviced by a Branch”. In absence of such explanation, the challenge has no basis. 6. When learned Single Judge of this Court had noticed one illegality in relation to nomination, which relates to the qualification for being a candidate, it would not matter if that point was not agitated before the Returning Officer, but was considered for the first time by learned Single Judge. 7. In these premises, this Court finds that no indulgence is called for. 8. Appeal has, therefore, no merit, and is rejected. Judge Judge |Hedau|