(1) WP. 5532.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5532 OF 2010 Smt. Kashibai W/o Sopan Made .. Petitioner VERSUS The State Election Commissioner, State of Mah. Mumbai through it's Collector, Latur and others .. Respondents Mr. H.V. Patil, Advocate for the Petitioner Mr. S.T. Shelke, Advocate for the respondent nos. 1 and 2 Mr. S.V. Kurundkar, Addl. G.P. for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 24TH JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel. The nomination form of the petitioner was rejected by the Returning Officer on the ground that after the stipulated date, she was having more than 3 children. It was subsequently stated by her that the children were born prior to 13.9.2000. The contention made by her itself indicated, however, that she was having 3 children and therefore, her application was rejected. In view of “Vinod Pandurang Bharsakade Vs. Returning Officer, Akot and anr. 2003(4) Mh.L.J. 359”, the Petition is not maintainable. Secondly, whether the petitioner had three children born after the (2) WP. 5532.2010 stipulated date of 13.9.2000 or prior to it is a disputed question of fact. Whether she was entitled to rectify the error is also a disputed question of fact. Hence, the Petition is not maintainable and is dismissed. Liberty, however, is granted to file Election Petition if so advised. Sd/- [V.R. KINGAONKAR, J.] arp