The main legal point established in the judgment is that the guidelines framed by the Election Commission were to assist the competent authority in the formation of wards, and the basic considerations were population and geographical conditions. The court emphasized that interfering at this stage and passing any interim order would delay the election process.

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 ensuing elections. The order dated 09th May, 2022 also refers to an ordinance passed by the State Government dated 23rd September, 2021, an order passed by the Hon’ble the Apex Court dated 15th December, 2021 in Writ Petition No. 841 of 2021 and Special Leave to Appeal No. 19756/2021 and Writ Petition No. 1316 of 2021, an ordinance passed by the Government of Maharashtra of year 2022, the Government Gazette/Notification dated 21st February, 2022. Then the Election Commissioner for the State of Maharashtra by invoking the powers under the Constitution of India, 1950 as well as Act of 1961 passed order declaring the general elections for Zilla Parishad and Panchayat Samit. Then by referring to the relevant provisions guidelines are set out for formation of wards, number of wards, the number of election of the candidates following the various provisions for reserved seats, then priorities as per the roster etc.

4. Pursuant to the directions of the State Election Commission, Commissioner Pune declared the election program and as per the said election program and various wards were accordingly formed in the elections. As a pre-requisite, objections and suggestions were invited on the aspect of formation of wards and these objections and suggestions were to be submitted between 2nd of June, 2022 to 08th of June, 2022. Hearing on the objections/suggestions was scheduled on 16th June, 2022. Petitioner-Sharad Jamdar raised an objection. On the scheduled date of hearing i.e., on 16th June, 2022 one Rahul Sable, Pratap Chavre and Sachin Sapkal remained personally present before the Divisional Commissioner, Pune and sought permission for hearing so as to object the objector Sharad Jamadar and prayed for no change be made in the ward formation. As these objectors failed to raised their objections within prescribed time limit, their request for grant of opportunity of hearing was turned down.

5. On considering the objections raised by the objector (Petitioner herein) Sharad Jamadar, the Divisional Commissioner, Pune passed a detailed order. The objector raised points, namely, the ward formation is done under political influence, the guidelines particularly geographical conditions and convenience of the voters are not followed. It was also an objection that due to new formation of wards the voters would be subjected to an inconvenience. The objections were raised in respect of the Zilla Parishad Ward No. 74- Bhigwan Shetphalgadhe, Ward No. 75-Anthurne Bori, Ward No. 76-Palasdev-Bijwadi, Ward No. 77-Wadapuri-Malawadi, Ward No. 78-Nimgav-Shelgav, Ward No. 79-Sansar-Belwadi, Ward No. 80-Lasurne - Walchandnagar, Ward No. 81-Kati-Warkute, Ward No. 82-Bawda-Lumewadi.

6. Now before we consider other objections, at the outset, it would be necessary to state that Mr. Anturkar, lea