1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7395 OF 2008 Chandrakant Baburao Ambi. .... ..... Petitioner. Versus The Election Officer and Mayor of Sangli, Miraj and Kupawad City Municipal Corporation and Anr. ...... ..... Respondents. Mr. Uday Warunjikar for the Petitioner. Mr. N. V. Walawalkar i/by Mr. G. H. Keluskar for Respondent Nos.1 and 2. CORAM : BILAL NAZKI and J. H. BHATIA, JJ. DATED : 17TH NOVEMBER, 2008. P.C.: The petitioner was a candidate for the election to the Primary Education Board. His application was rejected by an order dated 31st October, 2008. The writ petition was filed challenging the order of rejecting nomination form of the petitioner on the ground that no reasons for rejection were given by the Returning Officer. This Court, while entertaining the petition, directed that the elections, if held, shall remain subject to the outcome of the petition. 2. The elections have now been held and different persons have been 2 elected. There is, therefore, the remedy available to the petitioner under the relevant Act if he is still aggrieved. 3. However, the learned Counsel for the petitioner submits that without mentioning any reason in the rejection order, the order of rejection cannot be upheld. In the original order, which is in Marathi, a reference has been given to Section “5 CH” (which in English reads as Section “5 F”), for rejecting nomination paper. Under this provision, a defaulter cannot be allowed to contest the election and according to the respondents the petitioner was a defaulter and for that purpose prosecution was also launched against him. Before filing nomination, the petitioner had also tried to deposit the amount under protest, which was not accepted by the respondents since the respondents had initiated the prosecution. 4. For these reasons, we do not find any merit in the writ petition, which is, accordingly, dismissed. 5. However, if the petitioner is still aggrieved, he may take recourse to the appropriate remedy available to him under the law. Sd/- (BILAL NAZKI, J.) Sd/- (J. H. BHATIA, J.)