{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8866 OF 2010 Shashikant s/o Dattopant Kulkarni Petitioner Versus The Election Commissioner, State of Maharashtra, Mumbai and others Respondents Mr. S.T.Veer, advocate for petitioner Mr.S.T.Shelke, advocate for Respondent No.1. Mrs.Y.M.Kshirsagar, A.G.P for respondents no.2 & 3. Mr.V.V.Ingale, advocate for Respondents No.4, 5, 7, 8, 9 & 11. CORAM : R.M.BORDE, J. DATE : 29 th September, 2010 PER COURT: 1 An application tendered by the petitioner in the pending Election Petition No.1/2010 for granting stay to the election of Sarpanch and Deputy Sarpanch proposed to be held on 29.09.2010 has been turned down by the Civil Judge, Junior Division, Lohara, in view of the order passed on 27.09.2010. 2 The learned Judge of trial Court was of the opinion that such an application is not entertainable and the Court is not invested with the jurisdiction to grant stay to the election of Sarpanch and Deputy Sarpanch. {2} 3 Apart from the questions in respect of maintainability of the application as well as jurisdiction to deal with the application, considering the facts and circumstances of the case, I am of the opinion that the learned Judge of the trial Court was justified in turning down the request made by the petitioner to grant stay to the election of Sarpanch and Deputy Sarpanch.. There should not be interference in the electoral process, as mandated by the constitutional or statutory provisions except in exceptional circumstances and without disrupting the election process. The election petition presented by the petitioner raising challenge to the election of elected representatives is yet to be taken up for consideration. The election of members of Panchayat would always be subject to final outcome of pending election petition. In exercise of extraordinary jurisdiction of this Court under Article 227 of the Constitution, no interference needs to be caused. Petition is devoid of substance. 5 Writ Petition stands rejected. R.M.BORDE JUDGE adb/wp886610