Case Note & Summary
The writ petition under Article 226 of the Constitution of India was filed before the High Court of Judicature at Bombay, Nagpur Bench, Nagpur, challenging the decision of the Divisional Commissioner, Amravati dated 11/08/2025 on ward formation for the Zilla Parishad, Washim and the Panchayat Samitis falling therein. The petitioners, thirteen individuals engaged in social work and agriculture, were aggrieved by the inclusion and exclusion of certain villages in the Gats and Gans (electoral divisions) during the ongoing general elections to local bodies. The elections had become overdue because of pending challenges to statutory provisions and amendments in local body laws. The Supreme Court, by order dated 06/05/2025 in Special Leave to Appeal (C) No.19756/2021, directed the State Election Commission and the State Government to conduct elections immediately and conclude them within four months, with reservation for OBC communities as per the law existing prior to the 2022 Banthia Commission Report. The State Government initiated the ward formation process by issuing the Zilla Parishads and Panchayat Samities General Elections (Number of Members and Ward Formation) Order, 2025 on 12/06/2025. The order prescribed a schedule: publication of ward formation notice by 14/07/2025, lodging of objections and suggestions by 21/07/2025, submission of draft with opinions by District Collector to Divisional Commissioner by 28/07/2025, hearing and decision by Divisional Commissioner by 11/08/2025, and submission of final ward formation to the State Election Commission by 18/08/2025. The petitioners lodged objections against the transposition of villages such as Mairal Doh, Jamkhed, Udi, Dhamdami, Vardari Khurd, Pangari Dhankute, Khadki Ijara, and Masala (kh). The District Collector remarked on the objections and submitted them to the Divisional Commissioner, who passed the impugned decision. The petitioners argued that the parameters laid down in the Election Order 2025 were not followed, that the Divisional Commissioner unnecessarily rejected the District Collector's opinions, that voters from transposed villages would face difficulty reaching polling booths, and that since there was no change in population after the National Census of 2011, the earlier ward formation based on the same census should not have been disturbed. They sought quashing of the order dated 11/08/2025, cancellation and rescheduling of the ward formation final program, and interim stay. The State Government raised a preliminary objection on maintainability, contending that the writ petition was barred by constitutional provisions under Articles 329, 243-O, and 243-ZG, which prohibit judicial interference in electoral matters except through an election petition. It relied on State of U.P. and others Vs. Pradhan Sangh Kshettra Samiti and others (1995 Supp(2) SCC 305), Sameer Subhash Rajurkar Vs. State of Maharashtra (2020 (3) ABR 205), and Anugraha Narayan Singh Vrs. State of U.P and others (1996 (6) SCC 303). It submitted that under the amended Section 12 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, the State Government was entrusted with the responsibility of ward formation and had taken the process in hand. The available judgment text ends after recording the State Government's preliminary objections and does not include the court's final analysis, findings, or operative directions. Therefore, the final decision on maintainability and the merits of the ward formation challenge cannot be determined from the provided excerpt.
Headnote
A) Constitutional Law - Judicial Review of Electoral Process - Bar on Interference - Constitution of India, Articles 329, 243-O, 243-ZG - The State Government raised a preliminary objection that the writ petition challenging ward formation during ongoing local body elections was not maintainable, relying on State of U.P. and others Vs. Pradhan Sangh Kshettra Samiti and others, Sameer Subhash Rajurkar Vs. State of Maharashtra, and Anugraha Narayan Singh Vrs. State of U.P and others; it contended that constitutional provisions barred courts from interfering in electoral matters except by election petition (Paras 5.1-5.3). The available text does not record the court's final ruling on maintainability. B) Local Self-Government - Ward Formation and Delimitation - Judicial Review of Administrative Decision - Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, Section 12 - Petitioners challenged the Divisional Commissioner's decision dated 11/08/2025 on objections to inclusion and exclusion of villages in Gats/Gans, alleging non-compliance with Election Order 2025 parameters, unnecessary rejection of District Collector's opinions, potential voter difficulty, and absence of population change after 2011 Census (Paras 4.1-4.5). The court considered these contentions but no final determination appears in the provided text.
Issue of Consideration
Whether the writ petition under Article 226 challenging ward formation during ongoing local body elections is maintainable in view of constitutional bar under Articles 329, 243-O and 243-ZG; Whether the Divisional Commissioner's decision dated 11/08/2025 on inclusion/exclusion of villages complied with Section 12 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and the parameters of Election Order 2025; Whether population stagnation after 2011 Census justifies retaining earlier ward formation without fresh delimitation
Final Decision
Not mentioned in available text; judgment excerpt ends after State Government's preliminary objections on maintainability.
Law Points
- Article 226 writ jurisdiction
- Article 329 bars interference in electoral matters
- Article 243-O bars interference in panchayat elections
- Article 243-ZG bars interference in municipal elections
- Section 12 of Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961 empowers State Government to divide district into electoral divisions
- ward formation process must follow Election Order 2025
- no change in population after 2011 Census justifies retaining earlier wards
