vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.833 OF 2008 WRIT PETITION NO.833 OF 2008 WRIT PETITION NO.833 OF 2008 Irfan Mahiboob Shaikh ... Petitioner V/s. State of Maharashtra & Ors. ... Respondents Mr.A.M. Saraogi for Petitioner Mr.V.S. Masurkar, Govt. Pleader, for Respondent No.1 Mr.Nitin Jamdar for Respondent No.4 Mr.I.M. Khairdi for Respondent No.5 CORAM: J.N. PATEL & J.N. PATEL & J.N. PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: FEBRUARY 7, 2008 FEBRUARY 7, 2008 FEBRUARY 7, 2008 P.C.: P.C.: P.C.: . The petitioner is aggrieved by acceptance of the nomination form of Respondent No.5 to contest the by-election to Ward No.93 of Solapur Municipal Corporation. It is the contention of the petitioner that Respondent No.5 has more than two children alive and has submitted false documents misrepresenting the fact and that he cannot contest the by-election as he is not eligible to do so as he suffers from an inherent disqualification as provided under section 10(1) of the Bombay Provincial Municipal Corporations Act Act, 1949. Well, the issue can always be examined in an election petition and in case Respondent No.5 gets elected, the same can be agitated by seeking his disqualification. Therefore, we do not want to interfere with the election process at this stage. 2. With this observation, the petition stands dismissed. (SMT.NISHITA MHATRE, J.) (J.N. PATEL, J.)