1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1796 OF 2010 Shri Sudhir Chimaji Sonawane ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents WITH WRIT PETITION NO.1971 OF 2010 Shri Rajaram Bhaskar Mulik ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents WITH WRIT PETITION NO.9514 OF 2009 Shri Haresh Gopal Warane ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.Y.S.Jahagirdar with Mr.A.G.Damle for Petitioner in WP/ 1796/2010. Mr.A.A.Kumbhakoni with Mr.M.S.Karnik for Petitioner in WP/ 1971/2010. Mr.Rajesh S.Datar for Petitioner in WP/9514/2009. Mr.S.R.Nargolkar, G.P. for Respondents 1 to 3 in WP/1796/2010 & 1971/2010. Mr.C.R.Sonawane, A.G.P. for Respondents 1 to 3 in WP/9514/2009. 2 Mr.G.W.Mattos for Respondent No.4 in all matters. Mr.S.B.Shetye for Respondent No.5 in all matters. Mr.Pradeep Rajugopal for Respondent No.6 in WP/1796/2010. Ms.S.D.Khot with Ms.Ameeta Kuttikrishnan for intervenor in WP/1796/2010. Mr.A.J.Almeida with Mr.A.P.D’Souza for intervenors in WP/1796/2010 & 1971/2010. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 1, 2010. P.C. 1. Heard Counsel for the parties including Counsel for the intervenors. 2. The foremost question that needs to be addressed is of constitution of the Corporation which has been newly established in terms of Notification dated 3rd July 2009. The outer limit for electing the first General Body of the Corporation as per the statutory requirement was up to 3rd January 2010. It is common ground that even the term of the Administrator appointed soon after the establishment of the Corporation, cannot be extended on account of statutory and constitutional mandate. In such a situation, the only option available is that the State Election Commission must carry on the election process forward, to be taken to its logical end at the earliest. 3 The State Election Commission has already given assurance to this Court that the entire election process will be completed within 2 ½ months, as recorded in our order dated 18th March 2010. In furtherance of that assurance, the State Election Commission has issued Notification on 25th March 2010 for formation of wards. We expect the State Election Commission to now issue Notification of announcing the election programme, as per the statutory requirement. 3. The fact that there is some dispute regarding certain areas already included in the Corporation limits, decision thereon need not interdict the ongoing election process. As a matter of fact, the election process to constitute Corporation ought to have been completed on or before 3rd January 2010. As of now, there is neither an elected body of the Corporation which has come into existence in July 2009, nor the Administrator can legitimately continue to look after the affairs of the Corporation. In this situation, the State Election Commission is duty bound to ensure that the election of the members of the First General Body of the Corporation is completed at the earliest opportunity. 4. The demand regarding exclusion of certain Gram Sabha areas from 4 the Corporation limits, has already received attention of the State Government. Learned A.G.P. appearing for the State Government, on instructions of the Secretary of the concerned Department who is personally present in Court, states that the State will shortly issue necessary preliminary Notification to exclude 35 Gram Sabha areas from the Corporation limits. However, the final Notification in that behalf can be issued only after complying with the statutory procedure of inviting objections and consultation with the Corporation. Indubitably, the fact that the final Notification may be issued after the election process is completed, will make no difference to the said decision. Even after the Corporation is constituted, areas which are already part of the Corporation limits can always be excluded by following due process of law. That process can begin during the election process is in progress and continue simultaneously. These two matters cannot be interlinked so as to delay the constitution of the Corporation. 5. The learned A.G.P. states that preliminary Notification indicating the proposal to exclude 35 Gram Sabha areas from the Corporation limits and inviting suggestions and objections in that behalf will be issued on 5th April 2010. . The final date of inviting such objections will be one month 5 from the date of issuance of the preliminary Notification. Thereafter, the objections will be duly considered by the Appropriate Authority and decision thereon will be taken not later than four weeks from the last date of submission of suggestions and objections. Recommendation of the Appropriate Authority will be then placed before the Registrar General of Census of India and also forwarded to the Corporation to comply with the process of consultation. After completing the entire process required for issuance of final Notification for exclusion of certain Gram Sabha areas from the Corporation limits, the final Notification in that behalf will be issued in due course. The above statement made on behalf of the State is accepted. 6. We hope and trust that as soon as the recommendation of the Appropriate Authority is received by the Registrar General of Census of India, he may consider the same and his decision shall be communicated to the Appropriate Authority of the State Government preferably four weeks from the date of receipt of such proposal. 7. We once again make it clear that the process of election and exclusion of certain Gram Sabha areas from the Corporation limits should be dealt with by the concerned Authorities as mutually exclusive processes. 6 8. Counsel appearing for some of the residents of Gram Sabha areas demanding exclusion of their areas from the Corporation limits but are not part of the stated 35 Gram Sabha areas, submits that initially the demand was to exclude 53 Gram Sabha areas out of the Corporation limits but the State Government has presently proposed exclusion of only 35 Gram Sabha areas. It will be open to the left out 18 Gram Sabhas to pursue their demand with the State Government for exclusion of even their areas. If such representation is made, that be considered by the State Government expeditiously. In the event, the State Government is convinced with the said representation, may take steps to issue preliminary Notification in that behalf at the earliest so that the process of exclusion of even those areas can be proceeded along with the process of exclusion of 35 Gram Sabha areas in respect of which preliminary Notification is being issued on 5th April 2010. 9. Insofar as incidental relief claimed in these Petitions for direction to include the names of the Elected Corporators of the Vasai Virar Municipal Corporation in the voters list for the purposes of electing member of the Legislative Council from local authority constituency is concerned, we do not think it necessary to examine the same at this stage. However, we make 7 it clear that it will be open to the Election Commission of India to proceed with the election process to elect representative of local Authority (Maharashtra Legislative Council). At the same time, the elected Corporators from the Vasai Virar Municipal Corporation will be free to make representation to the Election Commission of India for inclusion of their names in the voters list after their election, which will be considered by the Election Commission of India in accordance with law. 10. Insofar as Writ Petition No.9514 of 2009 is concerned, in view of the above, the challenge founded on the ground that the State ought not to have acted upon the One-Man Committee Report does not survive. The same is left open. 11. Accordingly, the Petitions are disposed of on the above terms. 12. Even the oral prayer made by Mr.Almeida for intervention also stands disposed of by this order. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)