IMPORTANT POINT
Dereservation of one constituency after election in rest of the constituencies and declaration of result thereof would imbalance ratio of seats.

JUDGMENT

A.M.KHANWILKAR, J.

1. This Special Leave Petition emanates from the judgment and order dated 16.01.2017 passed by the High Court of Bombay at Aurangabad in Writ Petition No.11214 of 2016. The said writ petition was filed for the following reliefs:

“18. The petitioners therefore pray that your lordship will be pleased to:

(A) Call for record and proceedings of the case.

(B) Hold and declare that, the impugned order dated 08.11.2016 passed by respondent No.3 Divisional Commissioner, Nashik Division, Nashik, thereby rejecting the objection raised by the petitioner No.2 for dereserving the Chande-Kasare Block, Tq. Kopergaon, Dist. Ahmednagar, is illegal, arbitrary and violative of Article 14 & 21 of the constitution of India hence liable to be quashed and set aside.

(C) Issue writ of mandamus, or any other appropriate writ, order or directions in the nature of writ of mandamus directing the respondent No.2 to 4 to take necessary steps to reserve the Chande-Kasare Block, Tq. Kopergaon, Dist. Ahmednagar for backward class of citizen category instead of other backward class category (Women) and to take consequential steps from conducting the elections for the said block according to law and for that purpose issue necessary orders.

(D) Pending hearing and final disposal of this writ petition, grant an injunction directing the respondent No.2 to 4 to take necessary steps forthwith for dereserving the Chande-Kasare Block, Tq. Kopergaon, Dist. Ahmednagar and further to take necessary steps as per law and accordingly to conduct the elections for the said block and for that purpose issue necessary orders.

(E) Pending hearing and final disposal of this writ petition, grant an injunction restraining the respondent No.2 to 4 from taking further steps for holding the elections to the extent of Chande-Kasare Block of Kopargaon Taluka, District Ahmednagar of Ahmednagar Zilla Parishad and for that purpose issue necessary orders.

(F) Grant ad interim relief in terms of prayer clause (D) & (E). (G) Pass such other and further order as this Hon’ble Court may deem fit and proper in the peculiar facts and circumstances of the case.”

The Division Bench of the High Court summarily dismissed the said writ petition on 16.01.2017 in the following terms:

“PER COURT;

Heard.

2. The concerned officers have considered the objections of petitioners in detail and in view of declaration of election schedule and programme by the respondents, there is constitutional bar to entertain the writ petition.

3. The writ petitions are accordingly dismissed.”

2. The grievance of the Petitioners is that the writ petition was filed at the earliest opportunity on 15.11.2016 to challenge the order passed by Respondent No.3, dated 08.11.2016, rejecting the objection raised by Petitioner No.2 for dereserving the Chande-Kasare Block in relation to the ensuing panchayat election. The hearing of the writ petition was deferred until it was summarily dismissed because of the declaration of the election schedule on 11.01.2017. According to the Petitioners, the State Authorities, including the Election Commission, failed to abide by the mandate of Rules 6, 9 and 10 of The Maharashtra Zilla Parishads and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996, (for short “the 1996 rules”). Further, Section 12 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short “the said Act”), provides for division of District into Electoral Divisions. Sub-clause (d) of sub-section 2 of this Section predicates that one half (including the number of seats reserved for women SC, ST and the category of Backward Class citizens) of the total number of seats to be filled in by direct election in a Zilla Parishad shall be reserved for women and such seats shall be allotted “by rotation” to different Electoral Divisions in the Zilla Parishad. Similarly, the Petitioners are relying on Rules 6, 9 and 10 of the 1996 rules, which provide for the manner of allotment o