1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2746 OF 2010 Dattatraya Sambhaji Dherange : Petitioner V/s. The Collector, Pune & Anr. : Respondents ..... Mr.Uday P. Warunjikar for the petitioner. Mr.V.S.Gokhale, Asstt. Govt. Pleader for respondent no.1. Mr.S.S.Shetye for respondent no.2. ..... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : JUNE 29, 2010. P.C.: Heard the learned counsel for the petitioner and the learned counsel appearing for the respective respondents. 2. This Writ Petition is directed against the orders dated 20.1.2010 and 30.1.2010 passed by the Collector whereby the objection of the petitioner dated 19.1.2010 in respect of formation of ward no.6 of village Koregaon Bhima came to be rejected. Counsel for the petitioner has submitted that the grievance of the petitioner is that the respondents ought to have appreciated that the area by name Pandharinath Nagar should not have 2 been removed from ward no.5 and should not have been joined to ward no.6. It is submitted that this action of the respondents is inconsistent with rule 3(2) of the Bombay Village Panchayat Rules, 1966. It is further submitted that the map which is annexed at page 17 of the petition makes this situation clear. The learned counsel, therefore, contended that the orders passed by the Collector rejecting the petitioner’s objection are bad in law. 3. Counsel for the petitioner further contended that the Collector passed two independent orders on the same objection raised by the petitioner and, therefore, the procedure adopted by the Collector while deciding the objection of the petitioner is also unsustainable in law. 4. The learned Asstt. Govt. Pleader has submitted that the objection raised by the petitioner dated 19.1.2010 is silent in respect of the above referred contention raised by the petitioner for the first time before this Court. The objection of the petitioner was only in respect of increase in the population of ward no.6 and not in respect of inclusion of some portion of ward no.5. It is, therefore, contended that since the petitioner has not specifically raised these objections before the Collector, there was no occasion for the Collector to consider the same and pass an order in this regard. The learned Asstt. Govt. Pleader has submitted that on the 3 earlier occasion, the seats required to be elected from ward no.6 were two. However, in this election, the seats required to be elected from ward no.6 are more and, therefore, it was necessary to increase the population of the said ward in the said proportion which is as per the procedure applicable in this regard. 5. Considered the contentions canvassed and perused the objection raised by the petitioner. Perusal of the abjection shows that the same is in respect of increase of population of ward no.6 of village Koregaon Bhima. There is no specific objection raised by the petitioner in respect of inclusion of some portion of ward no.5 in ward no.6. The order of the Collector insofar as the issue about increase in population of ward no.6 is concerned, it appears to be consistent with the procedure applicable in this regard. It is not in dispute that in this election, there are three seats required to be elected from ward no.6 and on earlier occasions, the seats required to be elected were two and, therefore, the decision to increase the population in proportion to the seats required to be elected taken by the authorities, in our view, is just and proper and is sustainable in law. 6. So far as passing of the two orders by the Collector in regard to objections raised bay the petitioner is concerned, the affidavit filed by the State shows that the Collector on 20.1.2010 only effected notings on the 4 file and the order is passed on 30.1.2010 whereby objection raised by the petitioner came to be rejected. There is no reason for us to disbelieve the statement made by the State Government on affidavit in this regard. For the reasons stated, the petition suffers from lack of merit. However, the authorities are expected to undertake the procedure of formation of ward strictly in accordance with the Bombay Village Panchayat Rules. 7. Writ Petition is dismissed. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)