FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1686 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. 2 By this petition under Article 226 of the Constitution of India, it is prayed that the formation of Ward No.85- Garkheda, with two separate and distinct numeration Block Nos.8, 10, 11 (Partly), 31, 32, 33, 34 and enumeration Block Nos.13, 41, 21 and 22, by final notification dated 2nd February, 2010, be set aside and the State Election Commission be directed to reform Ward No.85-Garkheda, by treating Sports Complex at Enumeration Block No.15 as boundary. 3 This petition has been heard alongwith companion Writ Petition Nos.1168 of 2010 and 1590 of 2010. The said two petitions have been dismissed for the reasons separately recorded today. In the present petition, the only challenge is on the ground that the formation of Ward No.85 is in the teeth of Section 5(3) of the Bombay Provincial Municipal Corporation Act, 1949 as it fails to maintain the compactness of Ward No.85 on account of the Sports Complex which separates enumeration Block Nos.8, 10, 11(Partly), 31, 32, 33, 34 on one hand and enumeration Block Nos.13, 41, 21 and 22 on the other. This argument is pressed on the basis of the sketch produced before us at page 58. On perusal of the said sketch, it does appear that Ward No.85 has been separated in two enumeration Blocks on account of the Sports Complex. We, therefore, called upon the Corporation to produce official sketch. The official map of concerned wards and in particular, Ward No.85, which is produced before us, belies the claim of the petitioner. It is noticed that the Sports Complex is at the corner of Ward No.85 and the enumeration Blocks No.8, 10, 11 Partly, 31, 32, 33, 34 on one hand and enumeration Block Nos.13, 41, 21 and 22 on the other are connected by road, as is shown in the map. It is not as if the two blocks are rendered inaccessible to each other. On the other hand, they are connected with each other and the Sports Complex is at one end of Ward No.85. 4 In this view of the matter, the grievance of the petitioner that the State Election Commission has failed to ensure compactness of the Ward No.85 and for which reason, the formation of that ward is in breach of Section 5(3) of the said Act is devoid of merits. Hence, this petition fails and the same is dismissed. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 25.02.2010. PLK/*