Samrat Nanaso Mahadik And ORS. v. The State Election Commission Through Its Commissioner And ORS.

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14150 OF 2016 Samrat Nanaso Mahadik and ors.

.. Petitioners Vs.

The State Election Commission and ors. .. Respondents Mr.Umesh Mankapure, for the Petitioner.

Mr.N.P. Deshpande, Addl. G.P. for State.

Ms.S.Jadhav i/b Mr.S.B.Shetye, AGP for Respondent No.1. CORAM : NARESH H. PATIL & M.S.KARNIK, JJ.

13th JANUARY, 2017 P.C. :

.

The petitioners raised objection to ward formation. First objection is that twin villages - Nave Khed and June Khed were separated. Village June Khed is added to Borgaon division and village Nave Khed is added to Walwa division whereas it should have been continued with Borgaon.

2.

Second objection is regarding the village Borgaon, which was earlier in Nerle village is now been attached to Peth. 1/3

Learned Counsel submits that residents in the said villages would be put to inconvenience. The head quarters of these divisions would be far away for the residents of these villages to approach for their day to day problems and difficulties. The authorities concerned did not observe settled procedure, guidelines issued by the Election Commission. 3.

On behalf of respondents, reply has been filed. The deponent has explained the circumstances in which wards are formed. It is also submitted that Nave Khed and June Khed have two separate Gram Panchayats. Taking into consideration the geographical boundaries last census figures published, the increase in population, the wards were formed and reservation policy was adopted accordingly. It was further submitted by learned Counsel for respondents that election programme has been declared. As far as possible the election authorities have tried to find out a reasonable solution while forming wards. 4.

We have considered the submissions advanced by the 2/3

learned Counsel appearing for the parties. We find that reasonable explanations were given by the respondents on the issues raised by the petitioners herein. The election programme has been declared by the Election Commission. In exercise of writ jurisdiction, no interference is warranted. Writ Petition stands dismissed.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 3/3