This short order disposed of a writ petition challenging the reservation for Ward No. 4 of Nagar Panchayat, Hingna. The High Court rejected the petition, holding the reservation was proper under the notional method prescribed by the 2020 Ordinance.
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.
48wp 351.2021.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition No. 351/2021
Pravin s/o Eknath Ghode
…Petitioner
Versus
State Election Commission and ors.
...Respondents
Shri S.S. Dengale, Advocate for the Petitioner Shri J.B. Kasat, Advocate for Respondent No. 1 Shri Amit Madiwale, AGP for the Respondent Nos. 2 and 4- State Shri M.J. Datrak, Advocate for Respondent No. 5
CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.
DATED : 01 MARCH 2021
P.C.:
Heard learned Counsel for the parties.
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notified for the Female/Woman in the earlier Election are to be excluded. It is the contention of the Petitioner that taken into the consideration the position as to Election held in year 2015 and the Clause 8.10 of the Order, and therefore, reservation provided is not correct.
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upon which the Petitioner is placing reliance not as a matter of fact but as by way of a fiction calculated as per Order dated 06 February 2020.
[ANIL S. KILOR, J.] [NITIN JAMDAR, J.]
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2 issues framed by the court
Whether the challenged reservation for Ward No. 4 as per the Notification dated 24 December 2020 was legally tenable in light of the new methodology
Whether reference to earlier elections under Clause 5(ii) of the Order entails literal or notional interpretation of past reservations
Pravin s/o Eknath Ghode
State Election Commission
Divisional Commissioner, Nagpur
Nitin Jamdar
Anil S Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
