LAWS(BOM)-2023-5-120

PRAVIN PANDHARINATH MANDLIK Vs. STATE ELECTION COMMISSION

Decided On May 24, 2023
Pravin Pandharinath Mandlik Appellant
V/S
STATE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) This Petition impugns the order dtd. 13/4/2023 passed by the District Collector, Thane and the consequent Notification dtd. 25/4/2023 issued by the District Collector, Thane under Rule 5(1) of the Maharashtra Village Panchayats (Number of Members, Divisions into Wards and Reservations of Seats) Rules, 1966, on the ground that no opportunity of hearing was granted to Petitioner on 6/4/2023 as required under the law as well as, as per Ward Formation Program being Exhibit B to the Petition (Page 23).

(2.) When the matter was listed on 16/5/2023, this Court had directed the learned AGP to file an affidavit specifically stating the date on which Petitioner was heard by the concerned Sub-Divisional Officer.

(3.) Reply has been filed pursuant to the aforementioned order by Mr.Abhijeet Tulshiram Bhande Patil, Sub-Divisional Officer, Kalyan, District Thane. Mr.Sawant, learned AGP specifically draws the attention of this Court to paragraph 4 of the said affidavit which is quoted as under :