This petition challenged the Notification dividing village Katkarwadi into wards and allocating seats based on population rather than voters. The court dismissed the writ petition as the wards were formed in compliance with the Rules based on 2001 census figures.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.2111 OF 2010
Sou.Neeta w/o Raosaheb Katkade
.. Petitioner
Versus
The State of Maharashtra through its Secretary, Department of Rural Development and Water Conservation, Mantralaya, Mumbai 32 and ors. .. Respondents
Shri S.S.Jadhavar, Advocate for petitioner Shri K.J.Ghute Patil, Assistant Govt.Pleader for respondent No.1 Shri S.T.Shelke, Advocate for respondents 2 and 3
CORAM : P.V.HARDAS AND S.V.GANGAPURWALA, JJ.
DATE : 13th April 2010
PER COURT :
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respondents 2 and 3 has made available to us the census figures of the population which indicate that village Katkarwadi comprises of 89 houses and the total population of the said village is 398. We have no reason whatsoever, therefore, to doubt the correctness of the census figures as well as the break-up of the wardwise population.
( S.V.GANGAPURWALA, J.) ( P.V.HARDAS, J.)
(vvr/2111.10wp)
2 issues framed by the court
Whether the impugned Notification dividing the village Katkarwadi into wards and allocating seats based on census population rather than voter count is maintainable.
Whether the formation of wards in accordance with Rule 3 of the Bombay Village Panchayats Rules, 1966 was legally compliant.
Sou. Neeta w/o Raosaheb Katkade
The State of Maharashtra
Secretary, Department of Rural Development and Water Conservation
P.V.Hardas
S.V.Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
