1 5155 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 5155 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr.I.M.Khairdi for Petitioner. Ms.M.P.Thakur AGP for State. Mr.Irfan Shaikh i.b Mr.S.B.Shetye for Rest no.6 CRAM : D.D.SINHA & MRS. MRIDULA BHATKAR, JJ DATED : 6th August, 2010. P.C. : 1. Heard the learned counsel for the petitioners and the respondents. 2. The challenge of the petitioners is in respect of the formation of wards by the respondents for the purpose of ensuing gram panchayat 2 5155 elections of Vairag gram panchayat District Solapur. Learned counsel for the petitioner has submitted that the population of Ward no.1 is 2426 and the there are two seats are allotted to that ward to be elected. It is submitted that so far as ward nos.2,3,4,5 and 6 are concerned, population of these wards differs. It is contended that there have been disparity and difference in the population in all these wards and therefore, the allocation of seats to each ward is not in accordance with procedure and rules applicable in this regard. It is therefore contended that the action of the respondents in this regard is bad-in law. 3. It is further contended that while forming the wards, 3 5155 the respondents have to follow appropriate procedure stipulated in the Rules of Bombay Village Panchayat Rules. It is submitted that while undertaking this exercise the respondents have to go clock-wise. However, in the instant case, this procedure has also been given a go-by and therefore action of the respondents is bad- in law. Counsel for the petitioner further contended that while formation of the words, the voters residing in one ward are included in voter s list of another ward which is also impermissible in law. 4 5155 4. The learned A.G.P. on the other hand has disputed the contentions canvassed by learned counsel for the petitioner on the ground that the procedure adopted, followed by the respondents while formation of the wards is consistent with the rules applicable in this regard. It is submitted that action is initiated in the formation of the ward is clock wise and considering the seats and the voters in the said ward, voters from other wards were included in the ward from where more seats are required to be elected. It is therefore contended that action of the respondents is 5 5155 just, and proper. 5. Considered the contentions canvassed by the respective counsel. The learned counsel for the petitioner is unable to point out to us any specific provision or rules which prohibits the respondents while formation of the ward not to include residents from other wards in the voter s list of another ward based on seats required to be elected from that wards. In absence thereof, it is difficult for us to agree with the contentions canvassed by the learned counsel for the petitioner. Similarly, there is no reason 6 5155 for us to disbelieve the statement made by the learned A.G.P. in respect of other issues referred herein above. 6. For reasons stated herein above, no case is made out for showing any indulgence. Writ petition dismissed. D.D.SINHA, J MRS. MRIDULA BHATKAR, J