-: 1 :- wp-5466/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5466 OF 2010 Basvraj S. Mashale. ..Petitioner. Versus Returning Officer & Others. ..Respondents. Mr. L. M. Acharya a/w Ranveer Shekhawat for the petitioner. Mr. R. M. Patne, AGP for respondent nos. 2 & 3. Mr. Vineet Naik i/b Mr. I. M. Khairdi for respondent no.5. Coram : R. V. MORE, J. Date : July 21, 2010. P. C. : 1. Heard learned counsel for the respective parties. 2. The petition pertains to election to the managing committee of Solapur Siddheswar Sahakari Bank Ltd, Solapur. The last date of filing nomination was 8/7/2010. The scrutiny was done on 9/7/2010. The petitioner is challenging the order of Election Officer dated 13th July 2010 whereby the nomination of respondent no.5 is accepted as valid. 3. Mr. Acharya, learned counsel for the petitioner submitted that on the last date of filing of nomination, respondent no.5 was in default in respect of loan advanced by Swami Samarth Sahakari Bank Ltd, Akkalkot. He further submitted that the loan amount was deposited with the said Bank after the last date of filing of nomination. srp -: 2 :- wp-5466/10 4. Mr. Vineet Naik, learned counsel for respondent no.5, however, disputed the position that respondent no.5 was defaulter on the last date of filing of nomination. He submitted that respondent no.5’s loan account was already settled under OTS scheme, however, by way of abundant precaution he had deposited the amount under protest. Thus, there is dispute whether respondent no.5 is defaulter or not. This dispute cannot be gone into in a writ petition under Article 227 of the Constitution of India. The petitioner has an alternate remedy under section 91 of the M. C. S. Act, 1960. In that view of the matter, I do not find any merit in the petition. Hence, writ petition is dismissed. (R.V. MORE, J.)