1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1230 OF 2010 (Baban S. Shinde vs. The Collector, Washim and State Election Commissioner & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MAY 04, 2010. Heard finally Shri Sohoni, learned counsel for the petitioner, Shri Adgokar, learned AGP for respondents No. 1 & 2 and Shri Tathod, learned counsel for respondent No.3. The contention of the petitioner is, as already recorded in the order of this Court dated 12.03.2010, according to the petitioner, as pleaded in para 8 of writ petition, house properties ought to have been shifted in clock wise direction while undertaking fresh exercise of de-limitation of wards. The other contention is, there was no proclamation by beat of drums. Shri Tathod, learned counsel for respondent No. 3 - Gram Panchayat states that it is not interested in the matter and decision is required to be taken by Respondents No. 1 & 2. He further states that total number of wards in Gram Panchayat is only 3. The learned AGP has attempted to justify the action on the basis of reply as filed and its annexures. The annexures show that direction is to undertake de- 2 limitation starting from South and thereafter proceeding in South-West, West, West-North, North, North-East, East, South-East directions. Thus, the directions show clock wise movement. The reply placed before this Court on affidavit by Respondents No. 1 & 2 warrants adherence to this policy. There is no specific reply on facts pleaded in para 8 of writ petition. Though the provisions of law i.e. Rule 5 of Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966, require a public notice to be issued, Respondents No. 1 & 2 have not considered that provision. The opinion expressed by Respondent No. 2 on objections raised also does not show any knowledge of said provision. The Collector appears to have acted mechanically without looking at legal provisions. In this situation, though learned AGP is requesting for additional time to obtain further instructions in the matter, said request is rejected. The impugned order dated 25.01.2010 passed by the Collector, Washim, is hereby quashed and set side. The matter is restored back to file of the Collector, Washim, for taking fresh decision in accordance with law at the earliest. If necessary, the Collector may proceed to re- hear the petitioner/ other objectors and Respondent No.3 – The Secretary, Gram Panchayat, Shivnagar, Washim. In the interest of justice, the parties to appear before the Collector on 24th May 2010 and to abide by its 3 further directions. Writ Petition is disposed of. Rule accordingly. However, there shall be no order as to costs. Certified copy expedited. JUDGE *GS.