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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, GAUTAM A.ANKHAD
Vikram Kashinathrao Khutwad – Appellant
Versus
State of Maharashtra – Respondent
| 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
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 rese....
Amendment to delimitation rule mandating larger units without boundary transgression quashed as manifestly arbitrary, violating uniform population ratio in panchayat constituencies and constitutional....
The court emphasized that the State Legislature has decided to rotate the seats of reserved categories, exercising its discretion in favor of the rotation of seats only, and quashed the impugned gaze....
The 'power of judicial review' is specially conferred on the Constitutional Courts, i.e. the High Courts and the Supreme Court, under Articles 226 and 32 of the Constitution, respectively.
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
Delimitation exercises must adhere strictly to statutory provisions to ensure free and fair elections; failing to do so constitutes a colorable exercise of power.
Delimitation after panchayat reorganization mandates strict adherence to 7-day objection and appeal timelines; curtailment to 3 days and rushed processes invalid; conduct elections using prior valid ....
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