1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2673 OF 2010 Shri Ashok Sakharam Patil ...Petitioner Versus The Collector, Authorised Officer of State Election Commission, Kolhapur & Ors. ...Respondents ...... Mr.Amit Borkar for Petitioner. Mr.S.N.Patil, A.G.P. for Respondents 1 & 3. Mr.Sachindra B.Shetye for Respondent No.2. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 30, 2010. P.C. 1. Having perused the affidavit of Mr.Mangesh Vasant Mohite, Assistant Commissioner, State Election Commission dated 22nd April 2010, we have no hesitation in rejecting the challenge of the Petitioner since the affidavit explains the basis on which the number of members to be elected was taken into account and keeping that in mind, the formation of Wards was undertaken considering the population in the respective Wards to be more or less similar with margin of 10% plus or minus. The facts and figures in that behalf have also been provided in the reply affidavit. We see no reason to doubt the correctness of the said position. 2 2. The argument of the Petitioner, however, is that if the last preceding census which was of year 2001 was to be reckoned, the anomaly arising on account of formation of Wards in the year 2005 and the formation of Wards in the year 2010 which were on the basis of the same census of 2001 remains unexplained. No factual foundation has been laid in the Petition in that behalf. Accepting the argument of the Petitioner that the formation of Wards in the elections conducted in the year 2005 was different than the one provided in the year 2010, that cannot be the sole basis for interfering with the present formation of Wards unless the same is shown to be against the provisions of law. At best, that finding may result in a situation where the formation of Wards in the year 2005 was incorrect or improper. But that cannot be the basis to set-aside formation of Wards which we find is in compliance with all the norms. Petition is devoid of merits. The same is rejected. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)