1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5065 OF 2010 Rustumrao s/o Ramji Wanje ... PETITIONER VERSUS The State of Maharashtra & ors. ... RESPONDENTS ..... Shri S.B. Ghatol Patil, Advocate for the petitioner Mrs. A.V. Gondhalekar, A.G.P. for respondent Nos.1 to 3 Shri S.T. Shelke, Advocate for respondent No.4. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 27th July, 2010 PER COURT ): 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner takes exception to the formation of the Wards for the forthcoming elections of Kavalgaon Grampanchayat, District Parbhani. According to the petitioner, the draft notification in respect of the formation of the Wards came to be published on 12.1.2010. The petitioner objected to the formation of the Wards by his objection dated 18.1.2010. After hearing the petitioner, the notification came to be issued on 4.2.2010. The petitioner has filed this petition challenging the notification dated 4.2.2010 on 1.6.2010. 2 2. According to the petitioner, the Ward formation has been effected on the basis of the voters list. In affidavit-in-reply filed on behalf of the respondents, it is urged before us that the Ward formation has been done in accordance with law. 3. The learned counsel for the petitioner has urged before us that in the light of the judgment of the Division Bench of this Court in Prashant Bansilal Bamb Vs. State of Maharashtra and others (2007 (4) Mh.L.J. 341), since the formation of the Wards is not in accordance with the rules, the constitutional embargo in respect of interference in the election would not come in the way of this Court in staying or quashing the election programme. Reliance is also placed on the other judgment of the Supreme Court in Union of India Vs. Association for Democratic Reforms and another etc. (AIR 2002 SC 2112) and Mohinder Singh Gill and Anr. Vs. The Chief Election Commissioner, New Delhi and ors. (AIR 1978 SC 851). 4. Mr. Shelke, learned counsel for respondent No.4 has pointed out that though in the notification in the formation of Wards, the reference is made to the voters list, the voters lists in respect of that particular ward have been prepared and, therefore, the reference is in respect of voters and not in respect of house numbers. It is 3 stated that, the formation of the Wards is done in accordance with the rules. It has been brought to our notice that the poll of this Grampanchayat is scheduled on 30.7.2010. No doubt the petitioner has filed this petition on 10.6.2010. However, the election programme came to be declared and all formalities in respect of poll are completed and the election is scheduled on 30.7.2010. 5. In that light of the matter, therefore, we are not inclined to interfere at this stage in the petition. This petition is accordingly dismissed with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.) fmp/wp5065.10