hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5089 OF 2010 Arun Tukaram Kasar and Others ... Petitioners Versus The Returning Officer ... Respondents Mr.Dinesh Bhosale for Petitioner. Mrs. M.P. Thakur, A.G.P. For R. No. 2. CORAM : D.D. SINHA & MRS. MRIDULA BHATKAR,JJ. DATED : JULY 01, 2010 P.C. Heard the learned counsel for the Petitioner and Respondents. The grievance of the Petitioner is in respect of the Returning Officer who has declared the election programme of Respondent No. 3 society. It is contended that as per the election programme the duration for submitting nominations was between 15.6.2010 to 17.6.2010. The grievance of the Petitioner is that since the returning officer was not available in the office of the society, the Petitioner could not submit the nomination within the said period. It is also contended that the Petitioner has submitted representation on 17.6.2010 to Respondent No. 1 for redressal of his grievances in this regard which is annexed to the Petition. The counsel for the Petitioner has submitted that the action of the Returning Officer in not accepting the nomination of the Petitioner is bad in law and therefore, cannot be sustained in law. We have considered the contentions canvassed by the learned counsel. It is not in dispute that the period during which the nominations were to be filed was from 15.6.2010 to 17.6.2010. The said period is already over. There are no mala fide alleged against the Returning Officer and therefore, it is difficult for us to agree with the contentions canvassed by the learned counsel that they were prevented from filing their nominations by the Returning Officer. Since the election programme has already been proceeded further, we are not inclined to show any indulgence in the present petition. The learned counsel for Petitioner further submitted that the Returning Officer has not published the election programme of the society in question. However, there is no specific averments in this regard in the petition. In the absence thereof, it is difficult for us to agree with the petitioner. Petition suffers from the lack of merits, which is accordingly dismissed. (MRS. MRIDULA BHATKAR,J.) (D.D. SINHA,J.)