Dhammapal Vitthalrao Wadhave v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 56 WRIT PETITION NO.7717 OF 2022 DHAMMAPAL VITTHALRAO WADHAVE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Gangakhedkar Shailendra S. AGP for Respondent No.1-State : Mr. S. G. Sangle Advocate for Respondent No.2 : Mr. A. B. Kadethankar ...

CORAM :

RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE :

25th July, 2022 PER COURT :

1.

The petitioner has put forth prayer Clauses 'B', 'C' and 'D' as under :- (B) By an order of this Hon'ble Court or any other Writ or direction in the like nature, thereby kindly quash and set-aside the final ward formation approved by the respondent No.3 on 16/06/2022.

(C) By an order of this Hon'ble Court or any other Writ or direction in the like nature, the respondents No.2 to 4 be directed to undertake the ward formation activity to the extent Block No.11, 12 and 13 of Taluka Himayatnagar afresh in tune with order dated 09/05/2022 issued by the respondent No.2.

WP 7717-2022 (D) Pending hearing and final disposal of instant writ petition, kindly grant stay to effect, operation and implementation of the final ward formation approved by the respondent No.3 on 16/06/2022 to the extent of wards No.11 to 13.

2.

The learned Counsel for the petitioner submits on instructions that as this Court has taken a view by Judgment dated 05/07/2022 in Writ Petition No.6765 of 2022, Anant s/o. Baburao Golait (Gahilot) Vs. The State Election Commission of Maharashtra and others, and connected matters, this petition can be disposed off with liberty to the petitioner to avail of the statutory remedy as is permissible in law.

3.

In view of the above, this petition is disposed off with liberty as is prayed for.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. ) vjg/-.