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Bombay High CourtWP/3627/2015rejected at admission stage

Gajanan Baliram Ghanmode v. State Of Maharashtra And Others

2015-06-16Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) WP NO.3627/2015 906 WRIT PETITION NO. 3627 OF 2015 Gajanan s/o Baliram Ghanmode, Age 45 years, Occu. Agril., r/o Pusegaon, Tq. Sengaon, Dist. Hingoli.

...PETITIONER

VERSUS

The State of Maharashtra, Through its Secretary, Department of Rural Development, Mantralaya, Mumbai 32 AND FIVE OTHERS.

...RESPONDENTS ...

Advocate for Petitioner : Mr.Chavan Sudhir K. AGP for Respondent State: Mrs. A.V.Gondhalekar Advocate for respondent no.2: Mr. S.T.Shelke Mr. Rathi Swapnil S., Adv., for R/5.

...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: June 16, 2015 ...

PER COURT :- 1.

The petitioner is objecting to reservation of wards, and allotment of reserved seats in different wards, by virtue of notification issued by the State Election Commission on 13.2.2015 for the purposes of holding general elections to Pusegaon Village Panchayat.

2.

According to petitioner, in the preliminary notification, there was no seat prescribed for O.B.C. category in Ward No.2 agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) WP NO.3627/2015 whereas in Ward No.4, two seats were prescribed for O.B.C. category; one for O.B.C. ( General), and another seat, for O.B.C. (Women). The authorities, after noticing this irregularity, spread over the reservation prescribed for O.B.C. category in four wards. So far as ward No.1 is concerned, during 2010 elections, a seat was earmarked for O.B.C.(Women) category. During ensuing election, no reservation is prescribed for said category and the seat has been rotated.

3.

In our view, the changes effected in the preliminary notification issued by the State Election Commission are in consonance with the Rules. No interference is called for in the petition.

4.

Petition stands rejected.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

agp/-