:1: 10574.10575.11.wp ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10574 OF 2011 Sadanand J.Patil .. Petitioner Vs. State of Maharashtra and Ors .. Respondents WRIT PETITION NO.10575 OF 2011 Ayub Makbul Havaldar .. Petitioner Vs. State of Maharashtra and Ors .. Respondents Mr. H. S. Venekavkar,for the Petitioner. Mr. S. B. Shetye,for the Respondent No.5. Mr. R. M. Patne,AGP,for Respondent Nos.1,4. CORAM :­ G. S. GODBOLE, J. DATE :­ DECEMBER 5, 2011 P.C. Not on Board. Taken on Board on production. 2 Leave to amend and add party. 3 The Petitioner has an alternate and efficacious remedy of filing Election Petition under Section 21 of the Maharashtra Municipal Councils, Nagarpanchayats and Industrial Townships Act, 1965 and only on that ground and not on merits, the Writ Petition is not entertained. All the contentions of both the parties are kept open. If the Election Petition is filed by the Petitioners, the same shall not be heard by the same Presiding Officer, who has passed the impugned order in :2: 10574.10575.11.wp Election Appeal Nos. 2 of 2011 & 3 of 2011. 4 Needless to state that if an Election Petition is filed, the concerned Judge hearing the Election Petition will not be influenced by any observations made in the impugned orders. (G. S. GODBOLE,J.)