IN IN IN T HE HIGH COURT OF JUDICATURE AT BOMBAY T HE HIGH COURT OF JUDICATURE AT BOMBAY T HE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION No. 3882 OF 2007 PETITION No. 3882 OF 2007 PETITION No. 3882 OF 2007 Nadaf Sikandar Abbas. Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr. I. P. Hingorani, Advocate for the petitioner. Ms. V. Mhaisapurkar, AGP for the Respondent No.1. Mr. M. S. Lagu, Advocate for the Respondent No.2. CORAM CORAM CORAM : D. G. KARNIK : D. G. KARNIK : D. G. KARNIK AND AND AND A. A. A. A. SAYED, JJ. A. SAYED, JJ. A. SAYED, JJ. [ VACATION COURT ] VACATION COURT ] VACATION COURT ] DATE DATE DATE : MAY 15, 2007. : MAY 15, 2007. : MAY 15, 2007. P.C. 1. Heard the learned Counsel appearing for the parties. 2. for the Petitioner and the Respondent Nos. 2 and 3. This Writ Petition is directed against the order dated 11th May 2007, passed by the Returning Officer, rejecting the nomination papers of the Petitioner, on the ground that the name of the proposer did not tally with the name in the voters list i.e. to say that proposer was not voter at the election. It is not disputed that the proposer, under the applicable rules has to be a voter. As the proposer was not voter at the election, we see no error in the decision of the Returning Officer. 3. Even otherwise we see no reason to entertain the Petition. In N. P. Ponnuswami Vs. The Returning N. P. Ponnuswami Vs. The Returning N. P. Ponnuswami Vs. The Returning Officer, Officer, Officer, Namakkal Constituency, A.I.R. (39) 1952 Namakkal Constituency, A.I.R. (39) 1952 Namakkal Constituency, A.I.R. (39) 1952 - 2 - Supreme Supreme Supreme Court 64, Court 64, Court 64, the Supreme Court has observed as follows : "We are informed that besides the Madras High Court, seven other State High Courts have held that they have no jurisdiction under Art. 226 of the Constitution to entertain petitions regarding improper rejection of nomination papers. This view is in my opinion correct and must be affirmed. The appeal must, therefore, fail and is dismissed." . As such we decline to entertain the Petition. 4. Writ Petition is accordingly dismissed. [ A. A. SAYED, J.] [ D. G. KARNIK, J.]