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2026 Supreme(Bom) 422

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, C.J., GAUTAM A. ANKHAD, J.
Vikram Kashinathrao Khutwad - Petitioner 
Versus 
The State of Maharashtra & Ors. - Respondents
Writ Petition No. 11878 of 2025 With Writ Petition No. 11930 of 2025 With Writ Petition No. 14420 of 2025 With Writ Petition No. 13518 of 2025 With Writ Petition No. 14820 of 2025 With Writ Petition No. 14821 of 2025 With Writ Petition No. 14842 of 2025 With Writ Petition No. 14851 of 2025 With Writ Petition No. 14886 of 2025 With Writ Petition No. 14875 of 2025 With Writ Petition No. 14854 of 2025 With Writ Petition No. 14859 of 2025 With Writ Petition No. 14855 of 2025 With Writ Petition No. 14874 of 2025 With Writ Petition No. 14878 of 2025 With Writ Petition No. 15412 of 2025 With Writ Petition No. 15003 of 2025 With Writ Petition No. 15006 of 2025 With Writ Petition No. 15015 of 2025 With Writ Petition No. 15013 of 2025 With Writ Petition No. 15122 of 2025 With Writ Petition No. 15127 of 2025 With Writ Petition No. 15744 of 2025 With Writ Petition No. 15778 of 2025 With Writ Petition No. 15780 of 2025 With Writ Petition No. 15783 of 2025 With Writ Petition No. 15782 of 2025 With Writ Petition No. 15798 of 2025 With Writ Petition No. 15797 of 2025 With Writ Petition No. 15808 of 2025 With Writ Petition No. 11880 of 2025 With Writ Petition No. 15121 of 2025 With Writ Petition No. 12935 of 2025 With Writ Petition (St) No. 34566 of 2025 With Writ Petition No. 15299 of 2025 With Writ Petition No. 14728 of 2025 With Writ Petition No. 14753 of 2025 With Writ Petition No. 14767 of 2025 With Writ Petition No. 14809 of 2025 With Writ Petition No. 14828 of 2025 With Writ Petition No. 14848 of 2025 With Writ Petition No. 14881 of 2025 With Writ Petition No. 14892 of 2025 With Writ Petition No. 14981 of 2025 With Writ Petition No. 14966 of 2025 With Writ Petition No. 14967 of 2025 With Writ Petition No. 15017 of 2025 With Writ Petition No. 15018 of 2025 With Writ Petition No. 15026 of 2025 With Writ Petition No. 15125 of 2025 With Writ Petition No. 15741 of 2025 With Writ Petition No. 15743 of 2025 With Writ Petition No. 15745 of 2025 With Writ Petition No. 15807 of 2025 With Writ Petition No. 16174 of 2025
Decided On : 13-02-2026

Advocates Appeared:
For the Petitioner:Smt. Neeta Karnik, Senior Advocate a/w. Ms. Jagruti Nimbalkar, Advocates.
For the Respondent: Mrs. Neha S. Bhide, G.P. a/w. Mr. O.A. Chandurkar, Addl G.P., Mr. V. G. Badgujar, AGP, Mrs. G.R. Raghuwanshi, AGP, Mrs. Pooja Patil, AGP., Mr. Sachindra B. Shetye a/w. Akshay Pansare, Mr.Nipun Sawane, Adv.

Pre-election challenges to local body delimitation, ward formation and reservation rotation rules barred by constitutional provisions; fresh delimitation valid post-territorial changes; Rule XII resetting cycle consistent with proportional reservation mandate.

Headnote:(A) Constitution of India - Articles 243-C, 243-D, 243-E, 243-K, 243-O, 243-Q, 243-ZG; Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - Sections 12, 58, 274 - Local body elections - Delimitation exercise, ward formation notifications and reservation rotation rules - Challenges on grounds of ignoring objections, violating guidelines, unequal population distribution and resetting rotation cycle rejected - Fresh delimitation justified due to territorial changes in rural areas affecting population and number of divisions - Rule XII declaring upcoming election as first for rotation upheld as not frustrating constitutional mandate under Article 243-D for proportional reservation by rotation, subject to harmonious construction with Rule IV - Constitutional bars under Articles 243-O, 243-ZG prohibit pre-election judicial interference in delimitation and allotment of seats - Petitions dismissed. (Paras 4-22, 24-46)

(B) Elections - Conduct and superintendence - State Election Commission bound by statutes and rules - Fresh delimitation necessary post territorial changes - Objections considered where hearings provided - No interference in electoral process to avoid delay, disputes deferred to post-election remedies via election petitions - Rotation policy ensures equality of opportunity, not individual vested rights. (Paras 18-21, 34-45)

Facts of the case:
Batch of writ petitions challenging ward formation notifications, delimitation exercises and Rule XII of rotation rules in local body elections, alleging violations of guidelines, ignored objections, arbitrary boundaries, unequal populations and disruption of prior rotation cycles due to treating forthcoming elections as first.

Findings of Court:
Delimitation followed guidelines including population ratios, geographical contiguity, community interests; minor deviations justified; rotation rules validly framed with proviso to section 274(3) dispensing prior publication due to time constraints from Supreme Court directions; no res judicata bar as prior dismissals on hypotheticals.

Issues: Maintainability of pre-election challenges to delimitation, ward formations and reservation rotation reset; validity of fresh delimitation amid territorial changes; consistency of Rule XII with rotation mandate under Article 243-D and Rule IV.

Ratio Decidendi: Courts barred from questioning delimitation or seat allotments pre-election under Articles 243-O, 243-ZG, 243-K; rotation 'may be' allotted, not mandatory to complete full cycle without repetition; harmonious construction upholds rules effectuating proportional reservation; electoral processes not to be stalled by omnibus allegations.

Result: All writ petitions dismissed.

Table of Content
1. batch challenges delimitation ignoring objections. (Para 1 , 2 , 3)
2. specific ward formation violations alleged. (Para 5 , 6 , 7)
3. parties contend on maintainability, guidelines. (Para 8 , 9 , 10 , 11)
4. statutory framework mandates proportional reservation. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
5. bars judicial interference in electoral process. (Para 19 , 20 , 21 , 22)
6. rule xii resets rotation cycle challenged. (Para 23 , 24 , 25 , 26 , 27 , 28)
7. res judicata, changes justify new rules. (Para 29 , 30 , 31 , 32 , 33)
8. rules ensure rotation per population descending order. (Para 34 , 35 , 36)
9. harmonious construction upholds rotation policy. (Para 38 , 39 , 40 , 41 , 42 , 43)
10. rule xii constitutional; petitions dismissed. (Para 44 , 45 , 46)

JUDGMENT :

Shree Chandrashekhar, C.J.

In re: Delimitation:

In this batch of writ petitions, the orders passed by the respondent-authority for the ward formation, ward formulation notifications etc. have been challenged primarily on the ground that the objections raised by the petitioners were decided ignoring the applicable guidelines or the objections have not been decided at all.

2. The writ petitions which according to the learned counsels for the petitioners required the reply-affidavit from the respondents on factual aspects have been segregated and listed on a different date.

3. The orders passed by this Court on different dates in the present proceedings may give some indication as to how the individual voters continued to file writ petitions even after the final hearing had started. The orders dated 7th November 2025, 27th November 2025 and 28th November 2025 record the broad outline of the submissions made on behalf of the rival parties. These orders are reproduced herein-below:

Order dated 7th November 2025:

“Along with Writ Petition Nos. 14981 of 2025 and 13371 of 2025, the following matters are taken on production Board:

2. Let certified copies of the paper-books in all these matters be supplied to the Registry by the learned counsels for the petitioners in these petitions.

3. In this batch of writ petitions, different issues pertaining to delimitation exercise, caste category, validity of rules etc are raised. Mrs. Neha S. Bhide, the learned Government Pleader has prepared a category-wise chart of the writ petitions which were listed on previous dates.

4. The learned counsels for the petitioners shall provide true translated copies of the Rules, circulars etc. if needed for adjudication in these matters.

5. Mr. Anil Anturkar, the learned senior counsel appearing for the petitioner in Writ Petition No. 13518 of 2025 referred to an order dated 4th May 2022 passed by the Hon'ble Supreme Court vide Special Leave to Appeal (C) No. 19756 of 2021 titled "Rahul Ramesh Wagh v. The State of Maharashtra & Ors." and made submissions with reference to the observations of the Hon'ble Supreme Court as to delimitation exercise conducted by the State Election Commission prior to coming into force of the Amendment Act on 11th March 2022. The other learned counsels appearing for the petitioners in other writ petitions have adopted arguments made by Mr. Anil Anturkar, the learned senior counsel.

6. The submission made at the Bar is that the Hon'ble Supreme Court did not pass any order modifying the effective date as to taking into consideration delimitation exercise carried by the Election Commission. In Writ Petition No.12216 of 2025, it is contended that the State government shall have no powers to extend the Amendment Act to the Schedule areas. On the other hand, Mrs. Neha S. Bhide, the learned Government Pleader has opposed these writ petitions referring to the orders dated 6th May 2025 and 16th September 2025 passed by the Hon'ble Supreme Court in Special Leave to Appeal (C) No.19756 of 2021 titled "Rahul Ramesh Wagh u. The State of Maharashtra & Ors." and submitted that the elections for the local bodies in the State of Maharashtra have to be conducted and completed before

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