1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9758 OF 2010 Shaikh Mumtaj Bee Shaikh Ismail Petitioner Versus The State of Maharashtra and others Respondents Mr. S.S.Tope, advocate for petitioner. Mrs.Y.M.Kshirsagar, A.G.P. for Respondent No.1. Mr.S.T.Shelke, advocate for Respondents No.2 & 3. Mr.G.B.Kulkarni, advocate for Respondent No.4. CORAM: R.M.BORDE, J. DATE : 20 th October, 2010. P.C.: 1 Petitioner is raising exception to the order passed by the Returning Officer rejecting nomination paper tendered by him with a view to contest election to the seat of a member of village panchayat from Ward No.3. 2 It is informed by learned Counsel appearing for the State Election Commission that after the stage of withdrawal of nominations, Respondent No.4, who was the only candidate remaining in the field, has been declared elected as unopposed. 2 3 In view of declaration of Respondent No.4 as an elected candidate, instant petition presented by the petitioner is not maintainable. Petitioner will have liberty to avail of alternate remedy as provided under Bombay Village Panchayats Act, 1958. 4 Writ Petition, therefore, stands rejected with liberty to the petitioner to avail of alternate remedy. (R.M.BORDE) JUDGE ******* adb/wp975810