1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.5285 OF 2009 Deelip s/o Bhagwan Marathe and anr. .. Petitioners Versus The State of Maharashtra and others .. Respondents Shri M.P.Kale, Advocate holding for Shri S.K.Naikwade, Advocate for petitioners Shri V.B.Ghatge, AGP for respondent No.1 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 13th August 2009 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioner has prayed for issuance of a writ of mandamus directing the respondent No.2 to restrain the non-borrowing members from voting the candidates contesting the election from reserve category. The petitioners also pray for directing the respondent No.2 to correct the condition No.5 to the extent of granting right of voting to the non- borrowing members to the candidates contesting the election from reserve category. 2. The election programme came to be issued on 8th July 2009. As per the election programme till today the list of the eligible candidates contesting the elections has been finalised and the voting is scheduled on 2 16th August 2009 i.e. within three days from today. In the light of that fact therefore, any order at this stage would amount to interference in the conduct of the elections, we are not inclined to interfere in the petition. This petition is, therefore, summarily dismissed with no orders as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/5285.09wp