-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4796 OF 2005 Chhaburao Nagare ..Petitioner. Versus Mr. Bajirao Shinde & Another ..Respondents. --- Mr. Mandar Goswami for the Petitioner. Mr. P.I. Khemani for Respondent No.1. Mr. G.S.Godbole and Mr.Sangam Sahastrabudhe for Respondent No.2. ----- CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATED : 04TH AUGUST, 2005. DATED : 04TH AUGUST, 2005. DATED : 04TH AUGUST, 2005. P.C.: P.C.: P.C.: 1. Rule, returnable forthwith. . Mr. Khemani waives service of rule for the Respondent No.1 and Mr. Godbole for Respondent No.2. . Heard by consent. 2. The petitioner is aggrieved by the order of the Returning Officer, accepting the nomination form of the respondent No.2. According to the petitioner, -: 2 :- the nomination form ought not to have been accepted since the 2nd respondent is a debtor within the meaning of section 73 FF of the Maharashtra Co-operative Societies Act. The learned counsel for the petitioner relies on a statement of account at Exh. ‘B’ to the petition, which show a debit balance of Rs. 2,62,294.00/- on 07.07.2005. The learned counsel for the respondent relies on another statement of account as on 08.07.2005 at Exh.‘D’, which shows a zero debit balance. The Returning Officer has relied on an extract of account. There seems to be a dispute on facts as pointed out above. 3. There seems to be no Appeal provided by the Co-operative Societies Act against acceptance of nomination paper. The Appeal is provided only against rejection of nomination paper vide section 152-A. 4. Having regard to the dispute, I consider it appropriate to decline to interfere at this stage since the petitioner has a remedy by way of an election petition as provided by the Act. 5. Petition dismissed. Rule discharged. -: 3 :- Dt. 04.08.2005 (S.A. BOBDE,J.) .....