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2022 Supreme(Bom) 789

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Dipankar Datta, Ravindra V. Ghuge, JJ.
Anant s/o. Baburao Golait (Gahilot) – Petitioner
Versus
The State Election Commission of Maharashtra & Ors. – Respondents
Writ Petition No. 6765, 6162, 6031, 6048, 6061, 6203, 6205, 6206, 6207, 6209, 6210, 6921, 6843, 6212 of 2022
Decided On : 05-07-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mr. M. P. Tripathi, Mr. R.S.Deshmukh
For the Respondent: Mr. A. B. Kadethankar, Mr. P. S. Patil, Mr. R. R. Chandak

The main legal point established in the judgment is that the elections to the local bodies cannot be stalled by any order passed by the court and that any genuine legal grievance should be addressed through the prescribed forum.

Headnote:

Election Writ Petitions - Municipal Council Ward Formation - Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Section 10, Section 21 - The court dismissed multiple writ petitions challenging the final ward formation for elections to various Municipal Councils in Maharashtra. The court held that the writ petitions were not maintainable under Article 226 of the Constitution as the elections were imminent and the interference by the court would have the effect of postponing the elections indefinitely. The court emphasized that the elections to the local bodies cannot be stalled by any order passed by the court and that any genuine legal grievance should be addressed through the prescribed forum.

Fact of the Case:

The writ petitions challenged the final ward formation for elections to various Municipal Councils in Maharashtra, citing violations of orders and objections related to the formation of wards.

Finding of the Court:

The court found that the writ petitions were not maintainable under Article 226 of the Constitution as the elections were imminent and the interference by the court would have the effect of postponing the elections indefinitely.

Issues: The main issue was the maintainability of the writ petitions under Article 226 of the Constitution, considering the imminent elections and the potential indefinite postponement of the elections due to court interference.

Ratio Decidendi: The court emphasized that the elections to the local bodies cannot be stalled by any order passed by the court and that any genuine legal grievance should be addressed through the prescribed forum.

Final Decision: The court dismissed all the writ petitions, stating that interference was not warranted and that the elections to the local bodies cannot be stalled by any order passed by the court.

JUDGEMENT :

1. The similitude of the issues of law and fact involved in these writ petitions warranted analogous hearing. We, therefore, propose to decide these writ petitions by this common order.

2. Writ Petition No. 6765 of 2022 is listed as the first matter on board. An order dated 4th July 2022 of finalization of ward formation for elections to the Municipal Council, Manwat, in the district of Parbhani issued by its Collector, is questioned in the writ petition. The petitioner complains that his objection that Golaitnagar (colony) ought not to have been divided and included as part of two wards, i.e., ward nos. 10 and 11, has not been considered in the proper perspective by the Collector and in the light of an order dated 27th December 2021 of the State Election Commission, Maharashtra; therefore, it is prayed that the impugned order be quashed and/or set aside on the ground of violation of the order dated 27th December 2021.

3. In Writ Petition No. 6162 of 2022, final notification dated9 th June 2022 pertaining to ward formation for general elections to the Municipal Council, Ausa in the district of Latur is challenged. The contention of the petitioners is that they had raised objections to the provisional ward formation but the final notification impugned in the writ petition has been published without considering such objections. Prayer in the writ petition is for quashing and/or setting aside the final notification dated 9th June 2022 and for a direction upon the respondents to incorporate changes in the final notification in the manner as indicated in the writ petition.

4. The challenge in Writ Petition No. 6031 of 2022 is similar to the challenge in Writ Petition No. 6162 of 2022, except that the elections pertain to Municipal Council, Beed, District Beed. Prayer has been made for quashing and/or setting aside the final notification dated 8th June 2022 for formation of wards.

5. Petitioner in Writ Petition No. 6048 of 2022 challenges formation of wards for elections to the Municipal Council, Jintur dated 9th June 2022 issued by the Collector, Parbhani. The ground of challenge in the writ petition is that objection pointing out violation of clauses 4.5.1 and 4.3 of the order dated 27th December 2021 issued by the State Election Commission, Maharashtra in respect of formation of wards 3 and 9 has not been considered. Accordingly, it is prayed that the order dated 9th June 2022 be quashed and/or set aside as violative of the order dated 27th December 2021.

6. By instituting Writ Petition No. 6061 of 2022, the petitioner seeks quashing and/or setting aside of the final ward formation approved by the State Election Commission, Maharashtra on 6th June 2022 and published on 7th June 2022, insofar as election to the Municipal Council, Hingoli, district Hingoli from wards 4 and 5 are concerned. The ground of challenge is similar to the other writ petitions referred to above, viz. the order dated 27th December 2021 of the State Election Commission, Maharashtra has been followed in the breach.

7. Writ Petition No. 6203 of 2022 has been instituted with a prayer for setting aside the order dated 8th June 2022 of the District Collector, Parbhani, thereby forming wards for the ensuing elections of Sailu Nagar Parishad. Such relief is claimed on the ground that the Collector ignored the substantive objection raised by the petitioner.

8. The final ward formation for elections to Municipal Council, Parali Vaijanath, District Beed is the subject matter of challenge in Writ Petition No. 6205 of 2022. Prayer is made for setting aside the order dated 7th June 2022.

9. Petitioner in Writ Petition No. 6206 of 2022 has taken exception to the final ward formation plan prepared and published by the respondents (Exhibit “H”) and has prayed for quashing and/or setting aside the same. The impugned ward formation plan pertains to elections to the Municipal Council, Parali Vaijanath, District Beed.

10. The challenges in Writ Petition Nos. 6207 of 2022 and 6

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