1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5981 OF 2010 Bhaulal s/o Motilal Borole ..Petitioner Versus The State of Maharashtra and ors. ..Respondents Mr.A.G.Talhar, Advocate for petitioner Mrs.A.V.Gondhalekar, A.G.P. for respondents 1 and 2 Mr.S.T.Shelke, Advocate for respondent No.2 CORAM : P.V.HARDAS AND N.D.DESHPANDE, JJ. DATE : 28th July 2010 PER COURT : 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner challenges the notification issued by the respondents under Rule 5 (1) of the Bombay Village Panchayats (Number of Members, Divisions of Village into Wards and Reservation of Seats) Rules, 1966. 2. According to the petitioner, the draft notification which was issued by the respondents on 18.5.2010 had provided three seats for Ward No.5 out of which one seat was reserved for Other Backward Class. In the notification, which came to be published by the respondents on 31.5.2010, the reservation for the seat of Other Backward Class came to be removed. 2 3. On notice of this petition being issued to the respondents, the respondents have filed their affidavit-in-reply. In the affidavit-in-reply, it is stated that total thirteen seats are allotted for the group grampanchayat out of which two seats each for Ward Nos.1 and 2 and three seats each for Ward Nos.3, 4 and 5 were provided for in the draft notification. Subsequently, the two seats which were allotted to Ward No.2 came to be increased to three seats and consequently, the three seats which were allotted for Ward No.5 came to be reduced to two seats and, therefore, the reservation for Other Backward Class was provided from a different ward. It is stated that in the draft notification, three seats had been provided for Other Backward Class and in the notification which issued, the reservation of three seats is maintained. Thus, there is no alteration or reduction in the number of seats which are reserved for Other Backward Class candidates. 4. The elections have been already declared and from 22nd August 2010, the election programme commences with the polling being scheduled on 22nd August 2010. We do not see any reason to interfere in the present petition by affecting the proposed election programme. Writ Petition is accordingly dismissed with no orders as to costs. ( N.D.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/5981.10wp)