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Bombay High CourtWP/5704/2017dismissed

Shaikh Nadeemuddin Shaikh Aliuddin v. Malegaon Municipal Corporation And ORS.

2017-05-22Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice M. S. Karnik2 pages

rpa 1/2 wpst-14238-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 14238 OF 2017 Shaikh Nadeemuddin Shaikh Aliuddin .. Petitioner Vs.

Malegaon Municipal Corporation & Ors.

.. Respondents ......

Mr. Makrand Kale i/b. M/s. M.P. Vashi & Associates, Advocate for the Petitioner.

Mr. S.S. Patwardhan, Advocate for Respondent No.1. Mr. A.A. Khan, Advocate for Respondent No.3.

......

CORAM : PRAKASH D. NAIK AND M.S. KARNIK, JJ.

(VACATION COURT) DATED :

MAY 22, 2017.

P.C. :

The petitioner has challenged the order dated 8th May, 2017, passed by the Returning Officer, Malegaon Municipal Corporation, Malegaon, Nashik, rejecting the objection raised by the petitioner for accepting the nomination papers of respondent no.3.

Learned counsel appearing for respondent no.1 pointed out that the voting for elections in question is fixed on 24th May, 2017. The petitioner has an alternate remedy available

rpa 2/2 wpst-14238-17.doc in law. Therefore, we are not inclined to entertain this petition under Article 226 of the Constitution of India. In view of the above, no relief can be granted to the petitioner. Hence, the petition is dismissed. All contentions raised in this petition are kept open.

(M.S. KARNIK, J.) (PRAKASH D. NAIK, J.)