1. On 20th February, 2008, the present petition was listed for admission-hearing, when, on hearing the petitioner's Advocate and learned Asstt. Govt. Pleader, this Court had passed interim order with liberty to the respondents to apply. Accordingly, respondent no.4 has appeared and filed application for vacation of interim order.

2. Parties agree that question involved pertains to interpretation of rules and effect of certain judgments, and, therefore, the petition can be taken up for final disposal at the stage of admission-hearing itself. Hence Rule. Rule is made returnable forthwith and heard finally by consent.

F A C T S

3. The subject-matter of this petition pertains to elections to the Agricultural Produce Market Committee, Malkapur. The election programme was published. The petitioner and the respondent no.4 were amongst the contesting candidates from the Seva Sahakari Sanstha category within the class - Agriculturists.

4. Petitioner's nomination paper has been rejected relying upon the prohibitory clause contained in Sub-rule [2] of Rule 45 of the Maharashtra Agricultural Produce Marketing [Regulation] Rules, 1967. Sub-rule [2] of Rule