1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 9710 OF 2010 Sushilabai Bapusaheb Borade .. PETITIONER VERSUS The State Election Commission & others .. RESPONDENTS Mr. V.D. Salunke, advocate for the petitioner Mr. S.T. Shelke, advocate for respondent no. 1. Mr. M.P. Kale, advocate for respondent nos. 4, 6 and 7. WITH WRIT PETITION NO. 9711 OF 2010 Kusum Madhukar Korade .. PETITIONER VERSUS The State Election Commission & others .. RESPONDENTS Mr. V.D. Salunke, advocate for the petitioner Mr. S.T. Shelke, advocate for respondent no. 1. Mr. M.P. Kale, advocate for respondent nos. 4 and 5. WITH WRIT PETITION NO. 9712 OF 2010 2 Shaikh Aziz Roshan .. PETITIONER VERSUS The State Election Commission & others .. RESPONDENTS Mr. V.D. Salunke, advocate for the petitioner Mr. S.T. Shelke, advocate for respondent no. 1. Mr. M.P. Kale, advocate for respondent nos. 3, 4 and 5. WITH WRIT PETITION NO. 9713 OF 2010 Dinesh Ramprasad Borade .. PETITIONER VERSUS The State Election Commission & others .. RESPONDENTS Mr. V.D. Salunke, advocate for the petitioner Mr. S.T. Shelke, advocate for respondent no. 1. Mr. M.P. Kale, advocate for respondent nos. 4, 6 and 7. ===== CORAM : R. M. BORDE, J. DATE : 19 th OCTOBER, 2010. PER COURT : 3 1 Acceptance of nomination papers of the respondents presented with a view to contest the election to a seat of Member of Village Panchayat is subjected to challenge in these petitions at the instance of objectors. 2 Objection raised is in respect of failure of the concerned candidates to affix required stamps on the notarised affidavit annexed to the nomination paper. Learned counsel for the Election Commission has pointed out the order issued by the State Election Commission on 15-3-2004. It has been directed by the State Election Commission that the candidates seeking participation in the process of election, while presenting nomination paper shall have to tender merely a declaration in the prescribed form, and the earlier order issued by the State Election Commission in respect of presentation of affidavit has been dispensed with. The order is issued specifically for the purpose of holding elections to Village Panchayat. 3 Considering the order issued by the State Election Commission, it does not appear that the Returning Officer has committed any error in directing acceptance of nomination paper. Petitions are devoid of substance hence stand rejected. Petitioners, however, may have option open to raise challenge to the elections by availing alternate remedy available under the 4 Statute. It is needless to mention that the observations are for the purpose of determination of controversy raised in the writ petitions. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp9710.10.odt