1 W.P.No.4698/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4698 OF 2011. 1. Radhesham S/o Chunnilal Somani, Age 50 years, Occ.Business, Resident of Deshpande Mohalla, Taluka Ambad, Dist.Jalna. 2. Shamsundar S/o Gopikishan Lahoti, ]Age 47 years, Occ.Trader, Resident of Juna Monda Taluka Ambad, Dist.Jalna. ... Petitioners. Versus 1. The State of Maharashtra, through the Joint Registrar of Cooperative Societies, Marathwada Region, Aurangabad. 2. The Returning Officer to the Election Jalna People's Cooperative Bank Ltd., Jalna. ... Respondents. ... Mr.Bipin K. Patil, advocate holding for Mr.Surve Hemant, advocate for the petitioners. Mr.S.B.Pulkundwar, Asstt.Govt. Pleader for the Respondents. 2 W.P.No.4698/11 ... CORAM : S.V.GANGAPURWALA,J. Date : 04.07.2011. ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The petitioners had filled in their nomination forms for the election of Managing Committee of Jalna Peoples' Cooperative Bank, Jalna. The nomination papers of the petitioners came to be accepted. They were accepted from the category of the Bank within 25 Kms. of the Head office. The petitioners had filled in their nomination as from Ambad branch which is beyond 25 Kms. 4. The learned counsel for the petitioners submits that the fact that Ambad branch is beyond 3 W.P.No.4698/11 25 Kms. is not disputed nor in the nomination papers there was a separate clause requiring the petitioners to state that he is contesting in a constituency reserved for candidates beyond 25 Kms. In light of that the petitioners' nomination could not have been considered as the one within 25 Kms. As such prays for directions accepting the nomination of the petitioners from the category of the constituency beyond 25 Kms. 5. Learned Asstt.Govt. Pleader resists the application and submits that the nomination no where discloses that the petitioners were desirous of contesting the election from the category reserved for candidates beyond 25 Kms. When the nomination paper did not specify the same, no error can be found in the order passed by the Returning Officer. 6. I perused the nomination papers. The nomination papers state that the petitioners are contesting from the category of Ambad branch. It is not disputed by the parties that Ambad branch is beyond 25 Kms. As such the petitioners are 4 W.P.No.4698/11 required to be considered from the constituency of open beyond 25 Kms. There is no substantial defect in the nomination paper nor the same would admit of some other interpretation. 7. In light of that, the Writ Petition is allowed in terms of prayer clauses (B) and (C). Rule made absolute accordingly. However, there shall be no order as to costs. 8. The parties to act on authenticated copy. (S.V.GANGAPURWALA,J.) asp/office/wp4698.11