- 1 - 907-wp-10382-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10382 OF 2011 Prakash Anandrao Abitkar .. Petitioner. V/s. Returning Officer, Hutatma Swami Warke Co-op. Spinning Mils Ltd. & Others .. Respondents. Mr. S. R. Ganbavale, for the Petitioner. Mr. S. S. Patwardhan, for Respondent No.3. Mr. R. M. Patne, AGP for Respondent No.17. CORAM: G.S.GODBOLE,J. DATE : 2nd DECEMBER, 2011. P.C:- Not on board. Upon mentioning, taken on board. 1 Heard Mr. Ganbavale for the Petitioner and Mr. Patwardhan for Respondent No.3. 2 Mr. Patwardhan raises preliminary objection on the ground that remedy of filing Election Petition under Section 144(T) of the M.C.S. Act, 1960 is available. - 2 - 907-wp-10382-2011 3 Mr. Ganbavale, however, submits that existence of alternate remedy could not be absolute bar to the Petition under Articles 226 and 227 of the Constitution of India. 4 By impugned order, the objection raised by the Petitioner to the nomination of Respondent Nos.3 and others has been rejected. The grievance made in the Petition can be considered in Election Petition under Section 144(T) of the said Act. 5 Therefore, leaving the alternate remedy of Election Petition open to the Petitioner, this Petition is not entertained. It is clarified that all rival contentions and all objections of the Petitioner to the nomination of the concerned Respondents shall be kept open to be agitated in the Election Petition. (G.S.GODBOLE,J.)