1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8349 OF 2010 Jagannath s/o Sukhdeo Ban & anr. ... PETITIONERS VERSUS The State of Maharashtra & ors. ... RESPONDENTS ..... Shri N.L. Jadhav, Advocate for the petitioners Shri K.J. Ghute Patil, A.G.P. for respondent Nos.1 to 4 ..... CORAM : R.M. BORDE, J. DATE : 27 th September, 2010 PER COURT : 1. The nomination paper tendered by respondent No.6 has been accepted by the Returning Officer. The acceptance of the nomination paper is objected on the ground that although the concerned person belongs to NT-D category, he has tendered his nomination from OBC category and same has been accepted. Along with the petition, the caste certificate of respondent No.6 is not filed on record. The respondent – Returning Officer has filed affidavit-in-reply, wherein it is stated that the petitioner did not raise any objection at the time of scrutiny of the nomination 2 papers. In this view of the matter, the objection raised by the petitioner in this petition need not be gone into. The subjected elections are in respect of a primary cooperative society. There is an alternate efficacious remedy of raising challenge to the elections in view of provisions of Section 91 of the Maharashtra Cooperative Societies Act. In view of the availability of alternate remedy, in the facts and circumstances of the instant case, no interference is required. Petition is devoid of any merits. Hence, the petition is rejected summarily. R.M. BORDE JUDGE fmp/wp8384.10