1 wp6432-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6432/2011 Gautam Pandurang Bhalerao .. Petitioner Versus The State of Maha. & Ors. ... Respondents .... Mr.P.V.Mandlik, Senior Counsel h/f Shri A.S.Gandhi,Adv.for petitioner. Mr.K.G.Pati,AGP for State. Mr.S.T.Shelke,Adv. for respondent 2. Mr.S.V.Mundhe,Adv.for R.4. ... CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 19TH OCTOBER ,2011 PER COURT 1] Heard. 2] The petitioner challenges ward formation of Gangakhed Municipal Council. The petitioner raised objection before the learned Collector, 2 wp6432-11.odt Parbhani in respect of said ward formation by filing representation dated 27/6/11. The learned Collector by an order dated 1/7/2011, rejected objection by passing reasoned order. 3] The learned Senior Counsel Shri Mandlik has placed before us a map of ward formation of the year 2001-2006 which was basis for holding elections of the Gangakhed Municipal Council. The present ward formation map is also placed before us. The learned Senior Counsel further submits that due to present ward formation, direction issued by the State Election Commission are flouted. The ward formation has not been done clockwise, maintaining population ratio and in a zig-zag manner. According to learned counsel, due to the present ward formation, votes of the minority class would be divided which would affect the ultimate result of the election and also prejudice the interest of the petitioner. 4] The learned counsel Shri S.T.Shelke appearing for State Election Commission has placed before us an approved proposal in respect of ward formation indicating general population of the concerned ward and the population of Scheduled Castes and Scheduled Tribes. The learned counsel on instructions, submits that the ward formation has been done in accordance with State Election Commission’s directions. This time, elections are to be conducted on the basis of multi-member constituency (ward). Under supervision of the Collector, the ward formation has been done. The learned 3 wp6432-11.odt counsel submits that the physical contiguity and population ratio in accordance with guidelines issued by the State Election Commission were followed. The learned counsel refuted allegation that there has been political interference in ward formation and to deprive certain class of persons, ward formation has been finalised. 5] We have perused the material placed before us. We have considered submissions advanced . We are satisfied with the explanation given by the learned counsel appearing for State Election Commission in respect of formation of ward. We do not find any glaring and serious error in ward formation. In exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, we are not inclined to disturb the ward formation which has been approved by the learned Collector being an officer discharging duties delegated by the State Election Commission. Petition is dismissed. (T.V.NALAWADE, J.) (NARESH H. PATIL,J.) umg/wp6432-11