1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7409 OF 2010 Ramrao Anantrao Deokar ..PETITIONER -VERSUS- Returning Officer and others. ..RESPONDENTS ......... Mr. M.S. Deshmukh, advocate for petitioner. Mr.S.T. Shelke, advocate for respondent no.1 Mr.D.B. Thoke, advocate for respondent no.2 ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 18 th August, 2010. PER COURT : 1. Heard learned counsel. 2. The objection was raised by the petitioner regarding the valid candidature of the respondent no.2 for the purpose of contesting the village panchayat election. The village panchayat elections are to be scheduled on 22nd August, 2010. The objection of the petitioner was turned down by the Returning Officer i.e. respondent no.1. The respondent no.1 noticed that the Gram Sevak of village Panchayat had given no dues certificate dated 09.08.2010, which was filed along with the nomination form. Thus, there was a prima facie evidence to show that the respondent no.2 was not a defaulter. The petitioner relied upon the copy of the 2 notice and the copy of the F.I.R. which purports to show that an amount of Rs.57,000/- was payable by the respondent no.2 and Gram Sevak. It is important to notice that the amount was said to have been recoverable for the reason that the respondent no.2 and Gram Sevak had prepared proposal for allotment of house property to one Balu Kinayak Nikumbh, though there was already such house property allotted to him. The notice was issued on 14.12.2001. There is nothing on record to show that between 14.12.2001 till the date of nomination in the first week of August, 2010, the respondent no.2 had not paid that amount, which was demanded from him. In any case, it is a disputed question of fact and if the petitioner so desires, he may prove such fact independently after the elections are over by filing separate election petition, if so advised. 3. In view of "Vinod Pandurang Bharsakade V/s Returning Officer, Akot" {2003(4) Mh. L.J. 359}, the election process can not be stalled at this juncture when it is reaching the point of culmination. The Petition is dismissed accordingly. (V.R.KINGAONKAR) JUDGE gas/wp7409.10