Godawari Manikrao Adkine v. The State Of Maharashtra And Others

wp9428.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 9428 OF 2015 Godawari w/o Manikrao Adkine .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. M.V. Ghatge, advocate for petitioner.

Mrs. A.V. Gondhalekar, AGP for the State.

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

DATE : 21ST SEPTEMBER, 2015.

PER COURT :

1.

Petitioner is objecting declaration dated 06.08.2015 declaring respondent no. 4 as elected member of Dongarkada Grampanchayat, Tq. Klamnuri, Dist. Hingoli.

2.

Ward no. 5 consists of 3 seats to be elected as member of Village Panchayat whereas the impugned declaration shows that three members have been declared duly elected. It may not be a matter of dispute that the suffixes A, B and C relate to number of ward i.e. ward no. 5 is indicative of reservation provided under delimitation and reservation of seats order. Since there are three members declared elected from ward no. 5, the challenge raised in the petition does not deserve consideration. It wold be open for the petitioner to avail of alternate remedies available in law. 3.

Learned counsel for petitioner has placed reliance on judgment in the

wp9428.15.doc matter of Baburao s/o Kalu Koli Vs. The State of Maharashtra reported in 2008(2) Mh.L.J. 203. However, the ratio laid down in the judgment cannot be made applicable to the facts of the present case. With liberty as aforesaid, writ petition stands disposed of.

( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb