spb/ 1 prwp10608-11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 10608 OF 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. .P. N. Joshi for the Petitioner. --- CORAM : G.S. GODBOLE, J. DATE : 07th DECEMBER, 2011 P.C.:- 1 Not on Board. Taken on Board on production. 2 Heard Mr. Joshi for the Petitioner. Since the Petitioner has an alternate efficacious remedy of filing an Election Petition under section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Town Ships Act, 1965; only on that ground and not on merits, the Writ Petition is not entertained. 3 It is made clear that if the Petitioner files an Election Petition, the Judge hearing the Petition will not be bound by any observations made in the Judgment and Order dated 29.11.2011 passed by the learned Adhoc District Judge-1, Malegaon in spb/ 2 prwp10608-11 Election Appeal No.2/2011 or for that matter by the order passed by the Returning Officer. It is further directed that in case the Petitioner files an Election Petition after the election results are declared, such Petition will not be heard by the same learned Judge who had delivered the earlier Judgment and Order in Election Appeal No.2/2011. 4 All contentions on merits are also kept open. Petition is disposed of accordingly. (G.S.GODBOLE, J.)