wp10772-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10772 OF 2011 Mohammad Tahir Abdul Samad ... Petitioner. V/s. 1. Janta Co-operative Bank Ltd., Malegaon & Ors. ... Respondents. --- Mr. Anilkumar Patil for the Petitioner. Mr. R. M. Patne, AGP for the Respondent Nos. 2 & 3. --- CORAM:- G.S. GODBOLE, J. DATED :- 22nd DECEMBER, 2011. P.C. : 1 Heard Mr. Anilkukmar Patil, Advocate for the Petitioner. Mr. R.M. Patne, learned AGP appears for the Respondent Nos. 2 and 3. 2 Objection raised by the Petitioner to the nomination paper of Respondent No. 4 has been rejected and the Respondent No.4 has been declared as validly nominated candidate for the ensuing elections. Considering the fact that the election program is in progress and the fact that the voting is to take place on 18th January, 2012, solely on the account of the fact that the Petitioner has an alternate efficacious remedy of filing an election dispute under section 91 of MCS Act, 1960, and not on merits, wp10772-11.sxw 2 the Petition is not entertained. It is made clear that all the contentions of the Petitioner on merits of the controversy are expressly kept open to be agitated in the dispute. 3 The Writ Petition is disposed off. [G. S. GODBOLE, J.]