1 SSK/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4786 OF 2010 Chandrakant Nivrutti Khartude ....Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr. Sagar Joshi, Advocate for the Petitioner. Mr. R. M. Patne, AGP for Respondents. CORAM : R. V. MORE, J. DATED : 8TH JULY, 2010. P.C.: Heard Mr. Joshi, learned Counsel for the Petitioner. 2. The petition pertains to elections to the Village Panchayat Shiravli, Taluka – Baramati, District – Pune. The Petitioner objects the notification under Rule 5(2) of the Bombay Village Panchayat (Division of Village into Wards and Reservation of seats for Women Scheduled Castes and Schedule Tribes) Rules, 1966. Under the said notification and order of the Collector dated 30th January, 2010, Village-Shiravli is divided into three wards and nine seats are made admissible on the basis of the population declared in the last census of the Village – Shiravli. 2 3. The contention of the Petitioner is that the actual population of the Village- Shiravli is 3694 at the time of census of 2001 and therefore, on the basis of this population, four wards and eleven seats ought to have been made admissible to Village- Shiravli. He relies upon the letter dated 8th February, 2006 at Exhibit “C” from the Collector’s Office to substantiate his contention that actual population of the said Village in the year 2001 was 3694. 4. The Petitioner’s objection was overruled by the impugned order on the ground that the population of the Village – Shiravli in accordance with the last census held in the year-2001 is 2959 and therefore, 9 seats are admissible to the Village. Section 3 (14-A) of the Bombay Village Panchayats Act, 1958 defines population. Under this section “population” means the population as ascertained at the last preceding census of which relevant figures have been published. The Petitioner does not dispute that the population of the Village- Shiravli published in the census held in the year – 2001 is 2959. He contends that the population shown is the last census is not factually correct. 3 5. In my opinion, the Petitioner’s grievance has no merit as the Collector has rightly in view of the defination of the population decided the number of seats admissible to Village Panchayat Shiravli on the basis of the figures published in the last census. The petition being devoid of any substance, cannot be entertained and same is dismissed. (R. V. MORE, J.)