Momin Khalid Shaikh Mahtab Saheb And Another v. The State Of Maharashtra And Others

1 34-wp11199.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11199 OF 2016 Momin Khalid s/o. Shaikh Mahtab Saheb, Age : 60 years, Occ. Business, r/o. Pear Moosi Nagar, Udgir, Tq. Udgir, Dist. Latur and anr.

..Petitioners Vs.

The State of Maharashtra, through its Secretary, Urban Development Department, Mantralaya, Mumbai and ors.

..Respondents -- Mr.A.S.Gandhi and Mr.S.A.P.Quadri, Advocates for petitioners Mr.M.M.Nerlikar, AGP for respondent nos.1 and 3 Mr.S.T.Shelke, Advocate for respondent no.2 -- CORAM : R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : NOVEMBER 16, 2016 PER COURT :

Heard.

2.

The petitioners are objecting to the validity and correctness of the notification

2 34-wp11199.odt issued by the Urban Development Department prescribing reservation for the post of the President of respondent no.4 - Municipal Council for the purpose of election scheduled on 18.12.2016.

3.

In view of the Bar contained under Article 243-ZG of the Constitution of India, no interference needs to be caused after commencement of the process of election. Apart from this, the petitioner is unable to point out infraction of any Rule prescribing reservation of the offices of the President of the Municipal Council.

4.

Our attention is invited to Rule 3 of the Maharashtra Municipal Councils (Direct Elections to the post of President) Rules, 2016 ("Rules of 2016", for short), which prescribes for the reservation of offices of the President and the procedure for allotting the reserved seats of different Municipal Councils.

3 34-wp11199.odt 5.

The petitioner has failed to demonstrate any infraction of the stipulation contained in Rule 3 of the Rules of 2016. Even otherwise, the challenge raised in the instant petition does not deserve consideration.

6.

The Writ Petition is devoid of substance and as such, stands rejected.

[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.] kbp