1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3334 OF 2010 Khaja Khaja Jalajoddin Ali s/o Khaja Ali .. PETITIONER VERSUS Returning Officer .. RESPONDENT Mr. M.S. Deshmukh, Advocate for the petitioner. Mr. S.T. Shelke, Advocate for the respondent. ===== CORAM : R. M. BORDE, J. DATE : 16th APRIL, 2010 PER COURT : 1 Nomination papers tendered by the petitioner with a view to contest the elections of Managing Committee of Bhokar Municipal Council has been rejected by the Returning Officer in view of order passed on 8-4-2010. Nomination paper was presented by the petitioner as a candidate belonging to a recognised party. However, the recognised party issued authorisation in form ‘B’ in favour of some other candidate and such authorisation was not issued in favour of the petitioner. It was also not possible to consider the nomination paper presented by the petitioner as an 2 independent candidate as the requirement of presentation of such nomination paper that it shall be backed by five proposers is not fulfilled. Thus, the nomination paper presented by the petitioner could not be considered from the category of independent candidate. The Returning Officer was therefore justified in turning down the nomination paper tendered by the petitioner. There is no reason to cause any interference in the order passed by the Returning Officer. The petition is devoid of substance hence stands rejected. 2 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp3334.10.odt