GAJANAN BABAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of the parties.

(2.) The petitioners in these petitions are the residents of Pimpri Chinchwad Municipal Corporation and Pune Municipal Corporation respectively. They have challenged the final notification issued under section 5(3) of the Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as "BPMC Act, 1949") by which the city of Pimpri Chinchwad and Pune have been divided into various wards for the purpose of forthcoming elections to the Municipal Corporation.

(3.) The main contention on behalf of the petitioners is that the State Election Commission has committed serious error of law in taking the population figure of 2011 for determining number of councilors who should be elected but has taken into account the population figure of the year 2001 for determining number of reserved category seats even though such seats are bound to have a certain proportion to the general population. In other words, the contention is that though the law requires the State Election Commission to determine the number of seats for reserved category candidates in certain proportion to the seats of open category candidates for the purpose of determining the figures, the State Election Commissioner has taken into account the population figures of the year 2001 and for the later period, the Commission has taken into account the figures for the year 2011. Section 5 of the B.P.M.C. Act reads as follows :