The petitioner challenged allocation of reservation in wards via a draft notification. The court held the petition premature as objections would be decided later. Allowed with no order as to costs.
The writ petition was disposed of with 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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WPst4411.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 4411 OF 2015
Sudhir Dnyandeo Pawar … Petitioner
v/s
The State Election Commission & ors. … Respondents
Mrf.A.Y. Sakhare, Sr. counsel along with Joel Carlos for the petitioners.
Mr.S.B. Shetye for the respondent No.1.
Mr.S.V. Marne for the respondent No.2.
Ms.S.S.Bhende, A.G.P. for the respondent No.3.
CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.
DATED : 23RD FEBRUARY, 2015
P.C.:
Heard.
By this writ petition, the petitioners challenge the allocation of reservation in the various wards as per the order dated 10th February, 2015.
The learned counsel for the respondents state that the order dated 10th February, 2015 is a draft notification and the final
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notification would be issued only after deciding the objections raised by the persons concerned to the delimitation of the wards and the allocation of the reservations to the same. It is stated that the petition is premature and the issue involved in this case stands answered in favour of the petitioners by the judgment dated 21st August, 2008 in Writ Petition No.3648 of 2008.
Since we find that the order dated 10th February, 2015 is merely a draft notification for delimiting the wards and prescribing reservation for them and since the objections of the petitioners would be considered and decided by the respondent No.1 or the officer appointed by the respondent No.1, the petition cannot be entertained at this stage. Hence, we dispose of the writ petition with no order as to costs. The points raised in the petition are kept open.
2 issues framed by the court
Whether a writ petition challenging a draft notification on ward reservation is maintainable at this stage.
Whether the petition is premature pending consideration of objections to delimitation.
Sudhir Dnyandeo Pawar
The State Election Commission
Vasanti A. Naik
C. V. Bhadang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
