A writ petition challenging the delimitation of village Panchayat wards alleging non-compliance with guidelines. The High Court held the petition was devoid of substance and lacked merit for extraordinary jurisdiction, dismissing it.
The writ petition was disposed of as being devoid of substance.
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.
( 1 ) wp10046.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.10046 OF 2017
Vijay Jagannath Hinge
and others
..Petitioner
Versus
The State of Maharashtra
and others..Respondents
Mr.V.D.Salunke, Advocate h/f Mr.Vikram R. Dhorde,
Advocate for the petitioner
Mr.S.B.Patil, AGP for the respondent/State
Mr.S.T.Shelke, Advocate for respondent No.2
CORAM : R.M. BORDE &
S.M. GAVHANE, JJ.
DATED :16.08.2017
P.C. :-
.The petitioner is objecting to delimitation of
Wards of village Ashwi (Bk), Tq. Sangamner, Dist.
Ahmednagar for the purpose of elections to village
Panchayat. The objection is raised by the petitioner in
respect of delimitation of ward Nos.4 and 5, mainly on
the ground that the demarcation of boundaries as have
been specified under the Government Policy have not been
observed. It is stated that some portion of the Ward is
divided by the roads and the boundaries of the Ward
extend beyond the dividing road and as such decision of
delimitation of ward is not in conformity with the
guidelines issued by the State Election Commission. It is
stated that area that has been included in ward Nos.4 and
5 was previously comprising of Ward Nos.1 and 3. It was
impermissible for respondent No.2 to carve out the part
of area out of ward Nos.1 and 3 and include the same in
ward Nos. 4 and 5.
2.Learned counsel appearing for State Election
Commission informs that the ward Nos. 4 and 5 are
reserved for Scheduled Caste category and the area that
has been attached to the aforesaid wards is predominantly
populated by the Scheduled Caste population. It is
informed that the Scheduled Caste population
concentrated in adjoining area is to the extent of 44%.
The concentration of the population belonging to the
Backward Class category is also one of the criteria to be
taken into account while forming the wards. We do not
find anything unreasonable or arbitrary in delimitation
of wards at the instance of the respondents. The
challenged raised in the instant petition does not
deserve to be considered in exercise of extra ordinary
jurisdiction under Article 226 of the Constitution of
India. The petition being devoid of substance, stands
disposed of.
VishalK/ wp10046.17
2 issues framed by the court
Whether the delimitation of village Panchayat wards is in conformity with State Election Commission guidelines.
Whether objections to delimitation, even if not arbitrary, are maintainable under the extraordinary jurisdiction under Article 226.
1 provisions across 1 enactments
Vijay Jagannath Hinge and others
The State of Maharashtra
Respondent No.2
R.M. Borde
S.M. Gavhane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court