IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 20.10.2008. S.B. CIVIL WRIT PETITION NO.10183/2008 BattiLal Saini Vs. State of R & Ors.ajasthan HON'BLE MR. JUSTICE DALIP SINGH Ms. Shashikanta Saini for Shri I.R. Saini, for the petitioner. Heard learned counsel for the petitioner. The petitioner is the returned candidate. His election has been set aside by the learned Additional District Judge (FT), Bandikui, after the same was challenged in the election petition filed under Section 34 of the Municipality Act 1959. Since the remedy of appeal is provided under Section 46 of the Municipalities Act 1959. This writ petition is not maintainable. The petitioner is at liberty to file an appeal against the judgment dated 29.8.2008 and is entitled to seek condonation of delay on account of the filing of this writ petition before this court. The Registry is directed to return the documents and the Vakalatnama to the learned counsel for the petitioner to enable the petitioner for filing an appeal if so advised. The Registry is also directed to retain the photo stat copies of the documents on record. This writ petition is accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS