: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3726 OF 2008 WRIT PETITION NO.3726 OF 2008 WRIT PETITION NO.3726 OF 2008 Natha Ananda Jadhav ... Petitioner V/s. Mirabai Ananda Gurav & Ors. ... Respondents Mr.Dilip Bodake for the Petitioner. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATE : 17TH APRIL, 2009. DATE : 17TH APRIL, 2009. DATE : 17TH APRIL, 2009. P.C.: P.C.: P.C.: 1. This petition challenges the order passed by the JMFC, Patan in Election Petition No.2 of 2005. The petitioner had contested the election of Ward No.2 of Village Chopadi, Taluka Patan which was declared on 21st June, 2005. He was declared elected in that Ward. By the Election Petition, the petitioner has challenged the validity and legality of the elections held for Ward No.2 (from which he contested) and Ward No.3 of Village Chopadi, Taluka Patan. The contention of the petitioner mainly is that due to delimitation, there has been inequitable distribution of the population in the Wards. 2. The learned Judge has rightly held that such a ground is not available for the petitioner to : 2 : agitate in an Election Petition. He has further observed that the petitioner had not pointed out his locus and the petition has, therefore, been rejected. 3. Although it is undoubtedly clear that the petitioner had been elected from Ward No.2, the ground for challenge in the Election Petition is mainly that the delimitation of the constituency was not correctly effected. An election of a member of the panchayat can be challenged only on such grounds as are provided under the Bombay Village Panchayats Act, 1958. The ground of delimitation is not one such ground available for challenging the elections. In these circumstances, in my opinion, the Election Petition has rightly been dismissed by the JMFC, Patan. 4. The Petition is rejected. .....