Case Note & Summary
The petitioners, Mr. Hanumant Ananta Kad and another, filed a writ petition challenging the order dated 27.10.2020 passed by the Collector, Pune (respondent no.3). By that order, the Collector allowed an objection raised by respondent no.6 regarding the inclusion of an area named 'Sara City' in ward no.1 of the Kharabwadi Village Panchayat, Taluka Khed, District Pune. Previously, Sara City was included in ward nos.5 and 6. The petitioners contended that the impugned order was in contravention of the circular dated 29.11.2019 issued by the State Election Commission, specifically pointing out Clause Nos. 5(B)(i), (ii), (v) and (vi) of the said circular. They also argued that Sara City was in existence before 2015, as evidenced by tax receipts from the Gram Panchayat for the years 2011-2012, 2012-2013, and 2013-2014. The petitioners relied on Section 10(1)(b) of the Maharashtra Village Panchayat Act, 1959 and Rule 3 of the Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 to argue that the order was contrary to these provisions. The learned AGP for the respondent-State submitted that Sara City was included in ward no.1 to maintain geographical continuity and that population was also considered. He relied on the report of the Tehsildar and the local inspection by the Talathi. The counsel for respondent no.6 argued that Sara City was not in existence until the earlier election of 2015 and that including its population in ward nos.5 and 6 would make those wards excessively populated, justifying the transfer. The court examined the relevant provisions: Section 10(1)(b) of the Act requires that the panchayat area be divided into wards such that the ratio between population and seats is, as far as practicable, the same throughout. Rule 3(1) of the Rules provides for division into wards and fixing the number of members. The court noted that the impugned order was passed without considering the circular dated 29.11.2019 issued by the State Election Commission, which was binding. The court found that the Collector's order was in contravention of the circular and the provisions of the Act and Rules. Consequently, the court quashed and set aside the impugned order and directed the Collector to decide the objection afresh in accordance with the circular and the provisions of the Act and Rules, after giving an opportunity of hearing to all concerned parties.
Headnote
A) Village Panchayat - Ward Delimitation - Compliance with State Election Commission Circular - Section 10(1)(b) Maharashtra Village Panchayat Act, 1959, Rule 3 Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 - The Collector's order transferring Sara City area to ward no.1 was set aside as it violated the circular dated 29.11.2019 issued by the State Election Commission, which required that objections be decided in accordance with the circular's clauses. The court held that the impugned order was contrary to the circular and the provisions of the Act and Rules (Paras 1-8).
Issue of Consideration
Whether the impugned order dated 27.10.2020 passed by the Collector, Pune, transferring the area 'Sara City' from ward nos.5 and 6 to ward no.1 of Kharabwadi Village Panchayat, is in contravention of the circular dated 29.11.2019 issued by the State Election Commission and the provisions of the Maharashtra Village Panchayat Act, 1959 and the Rules thereunder.
Final Decision
The impugned order dated 27.10.2020 passed by the respondent no.3-Collector, Pune is quashed and set aside. The Collector is directed to decide the objection afresh in accordance with the circular dated 29.11.2019 issued by the State Election Commission and the provisions of the Maharashtra Village Panchayat Act, 1959 and the Rules, after giving an opportunity of hearing to all concerned parties.
Law Points
- Ward delimitation must comply with State Election Commission circular
- Section 10(1)(b) Maharashtra Village Panchayat Act
- 1959
- Rule 3 Bombay Village Panchayats (Number of Members
- Divisions into Wards and Reservation of Seats) Rules
- 1966
- geographical continuity and population ratio considerations
