SHARAD SHIVAJI JAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In these bunch of Petitions challenge is raised to the order passed by the Divisional Commissioner, Pune dtd. 17/6/2022, as such, the Petitions are tagged together and with consent of learned Counsel appearing for respective parties, taken up together for hearing and disposal at admission stage itself. Rule. Rule made returnable forthwith.

(2.) Though, we have dealt with certain other issues raised in other Petitions also, for sake of convenience and ready reference to the facts, Writ Petition No. 8275 of 2022 filed by Sharad Shivaji Jamdar is treated as lead Petition and submissions advanced by Mr. Anturkar, learned Senior Advocate are dealt with by this Court primarily.

(3.) The State Election Commission passed an order on 9/5/2022. Copy of the said order is placed on record at D, page 41. The State Election Commission by referring to the provisions of Article 243 of the Constitution of India, 1950 and the provisions of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, (for sake of brevity hereinafter referred to as 'Act of 1961'), set out the backdrop for the order, namely, formation of wards being the pre-requisite for the ensuing elections. The order dtd. 9/5/2022 also refers to an ordinance passed by the State Government dtd. 23/9/2021, an order passed by the Hon'ble the Apex Court dtd. 15/12/2021 in Writ Petition No. 841 of 2021 and Special Leave to Appeal No. 19756/2021 and Writ Petition No. 1316 of 2021, an ordinance passed by the Government of Maharashtra of year 2022, the Government Gazette / Notification dtd. 21/2/2022. Then the Election Commissioner for the State of Maharashtra by invoking the powers under the Constitution of India, 1950 as well as Act of 1961 passed order declaring the general elections for Zilla Parishad and Panchayat Samit. Then by referring to the relevant provisions guidelines are set out for formation of wards, number of wards, the number of election of the candidates following the various provisions for reserved seats, then priorities as per the roster etc.