Sudhir Dnyandeo Pawar v. The State Election Commission Through The State Election Commissioner And ORS.

bsb 1 WPst4411.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 4411 OF 2015 Sudhir Dnyandeo Pawar ... Petitioner v/s The State Election Commission & ors.

... Respondents Mrf.A.Y. Sakhare, Sr. counsel along with Joel Carlos for the petitioners.

Mr.S.B. Shetye for the respondent No.1.

Mr.S.V. Marne for the respondent No.2.

Ms.S.S.Bhende, A.G.P. for the respondent No.3. CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 23RD FEBRUARY, 2015 P.C.:

Heard.

By this writ petition, the petitioners challenge the allocation of reservation in the various wards as per the order dated 10th February, 2015.

The learned counsel for the respondents state that the order dated 10th February, 2015 is a draft notification and the final

bsb 2 WPst4411.15.doc notification would be issued only after deciding the objections raised by the persons concerned to the delimitation of the wards and the allocation of the reservations to the same. It is stated that the petition is premature and the issue involved in this case stands answered in favour of the petitioners by the judgment dated 21st August, 2008 in Writ Petition No.3648 of 2008. Since we find that the order dated 10th February, 2015 is merely a draft notification for delimiting the wards and prescribing reservation for them and since the objections of the petitioners would be considered and decided by the respondent No.1 or the officer appointed by the respondent No.1, the petition cannot be entertained at this stage. Hence, we dispose of the writ petition with no order as to costs. The points raised in the petition are kept open.

(C. V. BHADANG, J.) (VASANTI A. NAIK, J.)