Vasant Ramdas Chunkikar And Others v. The State Of Maharashtra Through Its Principal Secretary, Urban Development Deptt., Mumbai And 2 Ot

wp5496.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5496 OF 2015 Vasant Ramdas Chunkikar and others -vsState of Maharashtra and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.A.M.Ghare & R.D.Wakode, counsel for the petitioners. Mr.N.R.Rode, A.G.P. for the respondent Nos.1 and 3. Mr. J.B.Kasat, counsel for the respondent No.2. CORAM : SMT. VASANTI A. NAIK & A. I. S. CHEEMA, JJ.

DATE : 01.10.2015.

By this petition, the petitioners challenge the reservation of Ward Nos.1, 8, 9, 10 and 11 of Municipal Council Bhatkuli for general elections of 2015 for scheduled tribe category. We are not inclined to entertain the writ petition, after the election programme is declared by the respondent No.2. After the publication of the draft order reserving the wards for the scheduled tribes, the petitioners had filed their objections and their objections were rejected by the respondent No.3 on 07/09/2015. The election programme has been declared by the respondent No.2 on 29/09/2015. It is well settled that it would not be proper for the High Court to interfere with the election process, once the election programme is declared. Also we find that though the objections of the petitioners were rejected on 07/09/2015, the petitioners did not file the writ petition immediately and filed the same on 30/09/2015, after the declaration of the election programme. In view of the well settled position of law as laid

wp5496.15 2/2 down by the Hon'ble Supreme Court, we decline to entertain the writ petition and interfere with the election process. The writ petition is disposed of with no order as to costs. The points raised in the petition are, however, kept open.

JUDGE JUDGE KHUNTE