Case Note & Summary
The petitioners, Sopan Kishanrao Narwade and Maruti Laxman Narwade, residents of Khandale, Taluka - Shirur, District - Pune, filed a Writ Petition before the Bombay High Court challenging the formation of wards of Grampanchayat Khandale, whose elections were scheduled for 15th January 2021. They sought a writ of certiorari to quash the final notification for ward formation and a writ of mandamus to set aside the order dated 09/11/2020 passed by the Sub-Divisional Officer, Pune, rejecting their objections dated 12/03/2020. The facts reveal that on 29th November 2019, the State Election Commission published guidelines for ward formation and reservation for village panchayats with tenure ending between July and December 2020. The petitioners raised objections to the proposed ward formation, which were rejected by the Sub-Divisional Officer on 09/11/2020. The court noted that the delimitation process was conducted in accordance with the Maharashtra Village Panchayats (Formation of Wards) Rules, 2019, and the objections were duly considered. The court also observed that the petitioners approached the court at a very late stage when elections were imminent, and therefore, declined to interfere. The petition was dismissed with no order as to costs.
Headnote
A) Local Self-Government - Delimitation of Wards - Formation of Wards - Maharashtra Village Panchayats (Formation of Wards) Rules, 2019 - The petitioners challenged the final notification for formation of wards of Grampanchayat Khandale and the order dated 09/11/2020 rejecting their objections. The court held that the delimitation process was conducted as per the guidelines and rules, and the objections were considered by the Sub-Divisional Officer. The petition was dismissed as lacking merit and due to delay in approaching the court when elections were imminent. (Paras 1-10)
B) Election Law - Interference in Election Process - Writ Jurisdiction - The court declined to interfere with the election process as the elections were scheduled to be held on 15th January, 2021. The court relied on the principle that election matters should not be stalled at the last moment. (Paras 9-10)
Issue of Consideration
Whether the formation of wards of Grampanchayat Khandale, Taluka - Shirur, District - Pune, and the rejection of objections raised by the petitioners, are valid and in accordance with law.
Final Decision
The Writ Petition is dismissed. No order as to costs. Consequently, pending Interim Application also stands disposed of.
Law Points
- Delimitation of wards
- Grampanchayat elections
- Objections to ward formation
- Maharashtra Village Panchayats (Formation of Wards) Rules
- 2019
- Writ of Certiorari
- Writ of Mandamus
Case Details
2021 LawText (BOM) (01) 28
Writ Petition (ST) No. 96781 of 2020 with Interim Application (ST) No. 97548 of 2020
S.J. Kathawalla, Vinay Joshi
Mr. P.B. Gujar for the Petitioners, Mr. R.M. Shinde, AGP for the Respondent-State, Mr. S.B. Shetye alongwith Mr. Irfan Shaikh and Ms. Sarika Shetye for the Respondent-State Election Commission, Mr. Sachin R. Pawar for the Intervenor in Interim Application (St) No.97548 of 2020
Sopan Kishanrao Narwade and Maruti Laxman Narwade
State of Maharashtra, State Election Commissioner, District Collector Pune, Sub-Divisional Officer Pune, Tahsildar Shirur, Village Development Officer Grampanchayat Khandale
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Nature of Litigation
Writ Petition challenging the formation of wards of Grampanchayat Khandale and the rejection of objections.
Remedy Sought
Petitioners sought a writ of certiorari to quash the final notification for formation of wards and a writ of mandamus to set aside the order dated 09/11/2020 rejecting their objections.
Filing Reason
The petitioners alleged that the formation of wards was not in accordance with law and their objections were not properly considered.
Previous Decisions
The Sub-Divisional Officer, Pune, passed an order dated 09/11/2020 rejecting the petitioners' objections dated 12/03/2020.
Issues
Whether the formation of wards of Grampanchayat Khandale is valid?
Whether the rejection of objections by the Sub-Divisional Officer is sustainable?
Submissions/Arguments
Petitioners argued that the ward formation was not in accordance with the guidelines and rules.
Respondents contended that the delimitation process was conducted as per law and objections were duly considered.
Ratio Decidendi
The delimitation of wards was conducted in accordance with the Maharashtra Village Panchayats (Formation of Wards) Rules, 2019, and the objections were considered by the Sub-Divisional Officer. The court declined to interfere due to lack of merit and delay in approaching the court when elections were imminent.
Judgment Excerpts
By the above Writ Petition the Petitioners seek to challenge the formation of wards of Graampanchayat Khandale, Taluka - Shirur, District - Pune, whose elections are scheduled to be held on 15th January, 2021.
The objections and suggestions with regard to formation of wards were invited and the Petitioners raised their objections on 12/03/2020.
The Sub-Divisional Officer, Pune, passed an order on 09/11/2020 rejecting the objections raised by the Petitioners.
We have perused the record and find that the delimitation process was conducted in accordance with the Maharashtra Village Panchayats (Formation of Wards) Rules, 2019.
The Petitioners have approached this Court at a very late stage when the elections are scheduled to be held on 15th January, 2021. Hence, we decline to interfere.
Procedural History
The State Election Commission published guidelines on 29/11/2019. Petitioners raised objections on 12/03/2020. Sub-Divisional Officer rejected objections on 09/11/2020. Petitioners filed Writ Petition on an unspecified date, and the court heard and dismissed it on 12/01/2021.
Acts & Sections
- Maharashtra Village Panchayats (Formation of Wards) Rules, 2019:
