:1: 10558.11.wp ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10558 OF 2011 Mrs. Lata Anna Kalamkar (mali) .. Petitioner Vs. Indubai B. Shinde and Ors .. Respondents Mr. B. D. Joshi,for the Petitioner. Mr. S. B. Shetye,for the Respondent No.6 CORAM :- G. S. GODBOLE, J. DATE :- DECEMBER 5, 2011 P.C. Not on Board. Taken on Board on production. 2 Heard Mr. Joshi and Shetye learned Counsel for the parties. 3 Prima facie, Mr.Joshi is justified in contending that since the Petitioner received a validity certificate on 22.11.2011 at 9.00 p.m., it was impossible to annex the same along with nomination paper, and at the time of scrutiny, which is the relevant date the validity certificate was very much available. Prima facie, provisions of Section 9A of the Maharashtra Municipal Councils and Nagar Panchayat and Industrial Townships Act, 1965 will have to be properly construed so as not to create absurd result particularly when the scrutiny is on the immediate next date and validity certificate is available prior to scrutiny. 4 However, considering the fact that the voting is to take place on 11th December,2011, I decline to entertain the Writ Petition by expressly keeping the remedy of filing election petition under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial :2: 10558.11.wp Townships Act, 1965 where all contentions are left upon for being agitated. If the election petition is filed, it is needless to state that the concerned Judge hearing the election petition will not be influenced by the observations made in the impugned judgment and order in Election Appeal No. 1 of 2011. So also, if the Election Petition is filed, the same shall not be assigned to the same Presiding Officer who has decided the present Appeal. All the contentions of the parties are kept open. Writ Petition accordingly disposed of. (G. S. GODBOLE,J.)