1 11-13.wp10544-ors ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10544 OF 2011 Shirish Sadashiv Kandekar. ....Petitioner Vs. Election Returning Officer, Ichalkaranji Nagar Parishad, Ichalkaranji & ors. ....Respondents WITH WRIT PETITION NO. 10546 OF 2011 Santosh Sadashiv Kandekar. ....Petitioner Vs. Election Returning Officer, Ichalkaranji Nagar Parishad, Ichalkaranji & ors. ....Respondents WITH WRIT PETITION NO. 10561 OF 2011 Amar Ganpatrao Jadhav. ....Petitioner Vs. Election Returning Officer, Ichalkaranji Nagar Parishad, Ichalkaranji & ors. ....Respondents Mr. Prasad Kulkarni, Advocate for Petitioners in all the Petitions. Mr. T.S. Ingale, Advocate for Respondent No. 1. Mr. S.B. Shetye, Advocate for Respondent No. 2. 2 11-13.wp10544-ors CORAM:- GIRISH GODBOLE, J DATED:- DECEMBER 9, 2011 P.C. Not on board. Upon production taken on board. 2. Elections are in progress and the voting is to take place on 11/12/2011. Petitioners have an alternate remedy of filing Election Petition under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. In view of such remedy and leaving that remedy open and only on that ground and not on merits, the Writ Petitions are not entertained. The same are disposed off. 3. It is clarified that all contentions on merits are kept open. It is further clarified that the concerned Judge hearing the Election Petitions, if filed, will not be bound by any observations made by the Returning Officer or by the District Court while dismissing the Election Appeals. It is further directed that if the Election Petitions are filed, they may not be assigned to the same Judge who has dismissed the Election Appeals. (GIRISH GODBOLE, J)