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Bombay High CourtWP/1477/2020disposedoff

Rajesh S/O Shyamrao Thorane v. The State Election Commission, State Of Maharashtra, New Administrative Building And Others

2020-03-16Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Amit B. Borkar2 pages

WP1477.20 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.1477/2020 Rajesh Shyamrao Thorane Vs. The State Election Commission and others. ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri A. A. Choube, Advocate for the petitioner. Shri J. B. Kasat, Advocate for respondent No.1. Ms. T. H. Khan, Assistant Government Pleader for respondent Nos.2, 3 and 5.

Shri M. I. Dhatrak, Advocate for respondent No.4. CORAM : A. S. CHANDURKAR & AMIT B. BORKAR, JJ.

DATED : 16th MARCH, 2020.

.

Heard.

2] The petitioner is aggrieved by the order dated 12.03.2020 that has been passed by the State Election Commissioner in exercise of the powers under Section 10 read with 10A(4) of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Township Act, 1965. The grievance of the petitioner is with regard to reservation of Ward No.17 of Municipal Council Wadi.

3] Perusal of the order dated 12.03.2020 indicates that pursuant to objections that were received to the earlier arrangement of the wards on 10.02.2020, the State Election Commissioner passed the said order after considering the objections. As per Annexure-1 of the said order further objections have been now invited to the arrangement of

WP1477.20 .odt Wards, the maps prepared as per arrangement of the Wards and to the reservation of wards till 18.03.2020. As per Section 10 of the said Act, it has been stated that it is open for the residents to raise objections to the same by 18.03.2020.

4] Considering the fact that the impugned order has been passed in exercise of powers under Section 10 read with Section 10A(4) of the said Act it is open for the petitioner to raise objections to the same as per the programme published. The time for the same is available till 18.03.2020. Hence, with liberty to the petitioner to raise such objections as are permissible under Section 10 of the said Act and keeping the points raised with the Writ Petition open, the Writ Petition is disposed of. 5] Authenticated copy of this order be provided to the learned counsel for the parties.

JUDGE JUDGE RGurnule