1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.958 OF 2002 The State Election Commission, through the State Election Commissioner, Opp. Mantralaya, Madam Cama Road, Mumbai – 400 032. .....Petitioner V/s. The State of Maharashtra, through Principal Secretary, General Administration Department, Mantralaya, Mumbai – 400 032. ..... Respondent Mr.S.B.Shetye, for the petitioner. Ms.I.K.Culcuttawala, A.G.P., for the State. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JUNE 25, 2009 P.C. 1. This petition is filed by the State Election Commission against the State of Maharashtra, wherein it is prayed that writ of mandamus may be issued directing the State Government to give financial autonomy to the Commission. It is also prayed that the action of the State Government in refusing to continue 83 posts as required by the petitioner and only permitted to fill up 65 posts, may be quashed and set aside. 2. At the time of hearing, the learned counsel for the 2 petitioner submitted that the petitioner is not pressing prayer regarding the financial autonomy. He submitted that 83 posts have been created by the Government because of the interim order passed by this Court. In view of this, now the State may accordingly sanction the aforesaid post as according to the petitioner, that is the present requirement for carrying out functions and constitutional obligations assigned to the Commission. 3. During the course of hearing, the learned counsel for the petitioner submitted that the elections of Zilla Parishad, Panchayat Samiti and Grampanchayat are conducted by the State Election Commission. He submitted that though the expenditure for the same is borne out by the State Government, it takes considerable time in releasing the funds to the Election Commission. Because of that, the Commission finds it difficult to discharge its functions for want of adequate financial resources. In this behalf, we hope and trust that the State Government shall see to it that at the time of announcing of such election programmes, the State Government may release appropriate funds to the Concerned Collector/authority so that the concerned authority may carry out its function properly and whatever expenditure is required for the purpose of implementing/conducting elections, the authority may not find any financial difficulty in this behalf. The State Government, as aforestated, may accordingly act in this behalf. 3 4. Subject to what is stated above, the writ petition is disposed of. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)