1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7777 OF 2010 Bhagwantrao s/o Bhata Mistri & others Petitioners Versus The State of Maharashtra & others Respondents Mr.V.D.Hon, advocate for the petitioners. Mr. N.N.Jadhav, A.G.P. for Respondent No.1. Mr.S.T.Shelke, advocate for Respondent No.2. Mr.P.R.Patil, advocate for Respondent No.3. CORAM: R.M.BORDE, J. DATE : 01 st September 2010. P.C.: 1 The nomination papers tendered by petitioners with a view to contest elections to respective seats of members of village Panchayat Suray, Taluka Sindhkheda, District Dhule, have been rejected by the Returning Officer on the ground that said persons have committed encroachment over Government land. 2 There is record made available for perusal, which is sufficient to prima facie draw an inference that the objection raised in respect of alleged encroachment made by petitioners has some substance, although petitioners have controverted the contention 2 raised by the objectors and have contended that with a view to secure unopposed election of the objector and persons from his group, a false record is created. The controversy raised in that regard, however, needs to be decided only after holding proper inquiry. Instant petition raises disputed questions of facts, which are required to be gone into in appropriate proceedings and the finding has to be recorded after consideration of evidence that will be led by the parties concerned. In a summary proceeding, as contemplated by law, while considering the permissibility to accept the nomination papers, such a detailed inquiry is not feasible and proper. Petitioners may avail appropriate remedy after completion of process of election. In exercise of powers under Article 227 of the Constitution, this is not a fit case for causing interference. All the points raised in the petition are kept open and the opinion expressed while dealing with the petition is also of prima facie character. 3 Writ Petition, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/wp777710