VENKATESH YADAVRAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself.

(2.) By this Petition under Article 226 of the Constitution of India, it is prayed that the delimitation (Ward formation) of Aurangabad Municipal Corporation for the General Elections to be held in the year 2010 as published in the Notification dated 2nd February, 2010 be quashed and set aside. It is further prayed that the Respondent No.2 be restrained from holding elections of Municipal Corporation of Aurangabad in respect of area covered by Gut Nos. 28 to 44 and 46 to 75 of Village Satara, Tq. and DistAurangabad unless and until the question of inclusion of that area in Municipal Corporation of Aurangabad or village Panchayat Satara is decided. It is further prayed that the Respondent No.1 be directed to decide the issue of inclusion of area of Gut Nos. 28 to 44 and 46 to 75 of village Satara, Tq. & DistAurangabad forthwith either in the Municipal limits of Aurangabad Municipal Corporation or the limits of village Panchayat, Satara and until such decision is taken by the Respondent No.1, the Respondent No.2 be restrained from holding the elections of Aurangabad Municipal Corporation.

(3.) These reliefs are claimed on the assertion that until recently the State Government as well as the State Election Commission has always considered the area covered by Gut Nos. 28 to 44 and 46 to 75 as falling under village Panchayat, Satara. That position is reinforced on account of the fact that in the elections to constitute the village Panchayat Satara held as recently as in the year 2007, the residents of Gut Nos. 28 to 44 and 46 to 75 of village Satara were included in the voters list to elect the members of village Panchayat thereof. There is no dispute on this factual assertion made by the Petitioner. The Respondents, however, submit that the Aurangabad Municipal Corporation has always treated the area covered under Gut Nos. 28 to 44 and 46 to 75 of village Satara to be part of Municipal Corporation limits. To support this position, reliance is placed on the development plan, which shows the doted line to indicate Municipal Corporation limits around the Gut Nos. 28 to 44 and 46 to 75 situated at village Satara as part of the Corporation limits.