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2022 Supreme(Bom) 906

PRASANNA B.VARALE, KISHORE C.SANT
Sharad Shivaji Jamdar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Anil V. Anturkar, Amol Gatane, Sandeep S. Koregave, Shekhar Jagtap, Ranjeet Nimbalkar, Rhea Francis, Sairuchita Chaudhary, Akash Pandey, Mayuresh Ingale, Manoj Patil, Surel Shah, Vishwajeet V. Mohite, Dipak Y. Jadhav, Abhijeet Kulkarni, Vaibhav V. Ugale, Sandeep Koregave, Swaroop Karade, Pravin P. Mengane, Tejas Hilage, Samadhan A. Kashid, Anvil Kalekar, Virendra V. Pethe, Manisha Devkar, Ekta Tripathi, Shailesh Chavan, Prashant Bhavake, Amjith M. Anandhan, Sachin R. Pawar, Rohan D. Kaiche, Nikhil P. Mallelwar, Harshad V. Bhadbhade, Sachin Hande.
For the Respondents: A.A. Kumbhakoni, P.P. Kakade, V.S. Gokhale, R.M. Shinde, M.S. Bane, R.S. Pawar, Sneha Bhange, Vishwanath Patil, Ankit Lodhe, Kewal Ahya, Sachindra B. Shetye, Irfan Shaikh, Priyanka H. Chavan, Sarika Shetye.

JUDGMENT :

PRASANNA B. VARALE, J.

1. In these bunch of Petitions challenge is raised to the order passed by the Divisional Commissioner, Pune dated 17th June, 2022, as such, the Petitions are tagged together and with consent of learned Counsel appearing for respective parties, taken up together for hearing and disposal at admission stage itself. Rule. Rule made returnable forthwith.

2. Though, we have dealt with certain other issues raised in other Petitions also, for sake of convenience and ready reference to the facts, Writ Petition No. 8275 of 2022 filed by Sharad Shivaji Jamdar is treated as lead Petition and submissions advanced by Mr. Anturkar, learned Senior Advocate are dealt with by this Court primarily.

3. The State Election Commission passed an order on 09th May, 2022. Copy of the said order is placed on record at D, page 41. The State Election Commission by referring to the provisions of Article 243 of the Constitution of India, 1950 and the provisions of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for sake of brevity hereinafter referred to as ‘Act of 1961’) set out the backdrop for the order, namely, formation of wards being the pre-requisite for the ensu

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