Heard learned counsel of the parties.

2. This L.P.A. seeks to challenge the order passed by learned Single Judge of this Court ( Coram : R.M. Borde, J.) in Writ Petition No.7251/2007 dated 21-08-2008 by which, writ petition of respondent No. 1 was disposed of as infructuous.

3. Facts leading to this appeal may be stated thus :

Respondent No. 1 and present appellant/Intervenor in W.P. No.7251/2007 had tendered their nomination papers for contesting election from Khultabad Taluka Co-operative Societies Constituency. Their nomination papers were rejected by the Returning Officer. Respondent No. 1 challenged the order passed by the Returning Officer by presenting the appeal before the Additional Commissioner, Aurangabad in view of the provisions of Section 152(A) of the Maharashtra Co-operative Societies Act, 1960. The said appeal was dismissed. As such, the relevant order was challenged in the instant petition. It appears that the appellant has not challenged that order of rejecting nomination paper. The petition of respondent No. 1 came before this Court (Single Bench) for admission on 12-12-2007. The Court passed following order. Notice returnable 4 weeks. . Shri. Shinde, learned AGP waives notice for respondent Nos. 1 and 2. . By way of ad interim orders, it is directed that the nomination paper of the petitioner be accepted.

4. The Returning Officer was directed as an interim relief to accept nomination paper of petitioner i.e. respondent No. 1. It seems that the Returning Officer after accepting that nomination paper, proceeded to declare the result as there was no other contesting candidate in-fray, the said action was taken in view of the provisions of Rule 30 of the Maharashtra Specified Co-operative Societies Elections to Committee Rules, 1971). Later on, the said petition was taken on board and learned Single Judge passed following order on 13-12-2007.

1. Petition is taken on board.

2. The order dated 12th December 2007 passed by this Court vide which the nomination paper of the petitioner was directed to be accepted, is recalled.

3. The matter be posted for admission after Christmas Vacation of 2007. In pursuance to that order, the Returning Officer then passed order impugned in W.P. on 15-12-2007 whereby he withdrew order passed by him to declare respondent No. 1 as an elected candidate. The said order was passed by quoting order of the learned Single Judge dated 13-12-2007.

5. It may be stated that order of learned Single Judge dated 13-12-2007 was challenged in L.P.A. No. 188-2007 by respondent No.1. During the proceeding of that L.P.A., learned Vacation Judge of this Court passed an order to maintain status quo till further orders, on 25-12-2007. Relevant part of order in Para. 6 reads thus : Issue notice to Respondent No. 3 bank, returnable on 8th January, 2008. It is made clear that so far as election of Aurangabad District Central Co-operative Bank Limited from Societies Constituency Taluka Khultabad is concerned, status quo be maintained till further orders. Hamdast allowed. The parties to act on the copy of this order authenticated by the court Sheristedar. When the matter was finally heard by the Division Bench of this Court, L.P.A. No. 188/2007 came to be decided by the order dated 01-02-2008. Relevant part of order reads thus :

(5) Since according to us, it is appropriate that the parties get their rights decided before the learned Single Judge in the pending writ petition, we direct that the order of status quo granted on 25-12-2007 would continue for a period of two weeks to enable the petitioner to move the learned Single Judge and get the matter listed before the learned Single Judge for passing further appropriate orders as may be necessary in the matter. The Letters Patent Appeal, therefore, stands partly allowed to the extent indicated above.

(6) We make it clear that we have not been called upon to adjudicate or decide the correctness of the rejection/acceptance of the nomination paper nor