Petitioner challenged ward formation ignoring voter-based rules. Court refused to entertain PIL as elections concluded in Jan 2021. Wards formed based on population, not voters.
Public interest litigation not entertained and disposed of with no costs.
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1 1-PIL 33-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 33 OF 2021
Vitthal Bira Pawar
.. Petitioner
Versus
The Commissioner,
State Election Commission and others
.. Respondents
Mr. Shivkumar N. Lavekar, Advocate for the Petitioner.
Mr. D. R. Kale, I/c. G. P. for Respondents-State.
Mr. A. B. Kadethankar, Advocate for Respondent Nos. 1 and 2.
Mr. Vivek Bhavthankar, Advocate for Respondent No. 9.
Mr. V. V. Rathod, Advocate for Respondent Nos. 8, 10 to 12 & 14.
CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.
DATED : 22nd March, 2021.
PER COURT:-
. Mr. Lavekar, learned counsel for the petitioner submits that theward formation of Grampanchayat Daregaon is not in consonance with
the rules. The ward formation has to be on the basis of number of
voters. The reservation also has to be made on the basis of number of
voters of the particular reserved category. The same has been flouted.
The petitioner has raised objection in February 2020. The same is not
considered. It was only in the December the communication is made of
rejection of the objection. The petitioner on 23.01.2021 also raised
objection with the State Election Commission. The same is also not
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2 1-PIL 33-2021.odt
decided.
2.Mr. Kadethankar, learned counsel for the State Election
Commission submits that the elections are over in the month of
January 2021.The wards are formed in March 2020 and the wards are
to be formed on the basis of the population and not the voters.
3. We have considered the submissions canvassed by the learned counsel for respective parties.
4.The elections are over on 23.01.2021 and thereafter the present
public interest litigation is filed. The wards were formed in March
2020. The petitioner could have objected to the ward formation
immediately after formation of wards. Now, the elections are over. The
same is sought to be assailed by way of present public interest
litigation. It is trite that the reservation and the ward formation is
based on the population and not on the basis of number of voters.
5. In the light of all the aforesaid facts, we are not inclined to entertain the present public interest litigation. Public interest litigation, as such, is disposed of. No costs.
( SHRIKANT D. KULKARNI )( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
2 of 2
1 issue framed by the court
Whether the court should entertain a PIL challenging the ward formation of Grampanchayat Daregaon after the elections are over.
Vitthal Bira Pawar
The Commissioner, State Election Commission
S. V. GANGAPURWALA
SHRIKANT D. KULKARNI
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court