1 wp6540-6541-6549 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6540 OF 2011 Vasant Ramchandra Landge ...Petitioner vs. The Additional Commissioner, Pune and others ...Respondents ALONG WITH WRIT PETITION NO.6541 OF 2011 Shivshankar Dashrath Jagdale ...Petitioner vs. The Additional Commissioner, Pune and others ...Respondents ALONG WITH WRIT PETITION NO.6549 OF 2011 Prataprao Devrao Bagal ...Petitioner vs. The Additional Commissioner, Pune and others ...Respondents Mr.V.M.Thorat i/b Mr.Pratap V. Patil for the Petitioner Mr.S.D.Rayrikar, A.G.P for the respondent-State Mr.R.S.Apte, Sr.Advocate i/b Mr.Sarang Aradhye for respondent no.8 CORAM : A.S.OKA,J. DATE : AUGUST 20, 2011 P.C.: 1 The learned senior counsel for respondent no.8 pointed out that on 12 th August 2011 the Returning Officer has declared the respondent nos.4 and 7 as elected and therefore, these petitions challenging the order rejecting the nomination papers can not be 2 wp6540-6541-6549 entertained. The learned counsel for the petitioner invited the attention of the Court to the election programme. He stated that the results can be declared only on 30 th August 2011. 2 The learned senior counsel for respondent no.8 has produced on record the declaration made by the Assistant Returning Officer in terms of Rule 30 of Maharashtra Specified Co-operative Societies (Elections to Committees) Rules, 1971. The Rule 30 provides that if after expiry of the period within which the candidatures may be withdrawn under sub rule (2) of Rule 25, if the number of candidates in the constituency whose nominations have been accepted is equal to or less than the number of seats to be filled, the Returning Officer shall forthwith declare such candidate or all such candidates to be duly elected and shall complete and certify the declaration in Form V. Hence, it was not necessary to wait till 30 th August 2011 to declare as the candidate is declared elected. 3 The learned counsel for the petitioner submitted that declaration has been made during the pendency of the petition. Once declaration of results is made, remedy of the petitioner is to challenge the same in accordance with law. By keeping all the questions open, only on aforesaid ground, petitions are not entertained and the same are rejected. JUDGE