1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.596 OF 2009 (Shri Shirish s/o Virendra Poddar and another vs. District Election Officer and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 11, 2009 Heard Shri Tidke, learned Counsel for the petitioners, and Shri Madkholkar, learned Counsel for the respondent nos. 3 to 20. In the instant case, grievance of the petitioners is in respect of allotment of symbols by the respondent no.2 Returning Officer to the candidates, who were contesting elections of the Agricultural Produce Market Committee. Shri Tidke, learned Counsel for the petitioners, states that procedure stipulated under Rule 53 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 was not followed and, therefore, petitioners submitted objection on 4.1.2009 before the Returning 2 Officer about action of allotment of symbols, which had taken place on 1.1.2009. In the instant case, the following facts are not in dispute : The election programme was declared on 28.11.2008. Date of allotment of symbols was 1.1.2009. On 19.1.2009, election was held. It is also not in dispute that the petitioners did not raise any objection before the Returning Officer on 1.1.2009 when the Returning Officer allotted symbols to various candidates. In absence thereof, in view of sub-rule (6) of Rule 53 of the 1967 Rules, finality was reached to the process of allotment of symbols by the Returning Officer. Be that as it may, it is necessary for the candidate, who is aggrieved by the action of the Returning Officer in allotting symbols, to raise such objection on the day when such process is undertaken by the Returning Officer. In the instant case, admittedly this has not been done and, therefore, we are of the view that no case is made out for showing indulgence. The petition is dismissed. JUDGE JUDGE khj 3