IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION (LODG) NO. 1518 OF 2008 PETITION (LODG) NO. 1518 OF 2008 PETITION (LODG) NO. 1518 OF 2008 Mrs. Reshma Rafiq Desai ] .. Petitioner Versus 1. The State of Maharashtra & anr. ] .. Respondents Mr. Uday Warunjikar for the petitioner. Ms. Geeta Shastri, AGP, for the respondents. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 20TH JUNE, 2008 P.C. : 1. Heard learned counsel for the petitioner. 2. The petitioner is the President of the 2nd respondent - Maharashtra Nursing Council. She has not contested the elections conducted in 2008. Now, the names of the elected candidates have been notified by the Government of Maharashtra in the Notification dated 30th May, 2008. Thereafter, Notice has been issued stating that a meeting to elect the President is scheduled on Saturday 21st June, 2008. This Notice is challenged by this Petition. : 2 : 3. In fact, the impugned notice is part of the election process. Section 3(7) of The Maharashtra Nurses Act, 1966, reads thus: "Where any dispute arises regarding any election of a member, or of the President or Vice-President, it shall be referred to the State Government, and the decision of the Government shall be final." 3. Rule 27 provides that in case the dispute is about the President or Vice President’s election, it shall be preferred within thirty days from the date of the election. Therefore, those who are affected and/or aggrieved by the said election can prefer an election dispute before the State Government as stated. 4. Since the alternate remedy has been provided and as election process has already commenced by issuance of the agenda for holding the meeting to elect the President, we refrain ourselves from entertaining the Review Petition and it is, accordingly, rejected. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]