Bombay High Court
Suhas Trimbakrao Shirsath And ... vs The State Of Maharashtra And ... on 28 October, 2015
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 10215 OF 2015
1 Suhas s/o Trimbakrao Shirsath
age 42 years, occ. Agril,
r/o Phulambri, Tq. Phulambri
Dist. Aurangabad.
2 Bhanudas s/o Ramdas Nagare
age 32 years, occ. Agril.
r/o Phulambri, Tq. Phulambri,
Dist. Aurangabad. .. PETITIONERS
VERSUS
1 The State of Maharashtra
Through the Secretary
Urban Development Department,
Mantralaya, Mumbai 32.
2 The State Election Commission
Maharashtra State, Mumbai
Through its Secretary
3 The Divisional Commissioner,
Aurangabad Division, Aurangabad.
4 The District Collector,
Aurangabad, Dist. Aurangabad.
5 Nagar Panchayat Phulambri
Tq. Phulambri, Dist. Aurangabad
Through its Chief Officer.
6 The Administrator
Nagar Panchayat Phulambri
Tq. Phulambri, Dist. Aurangabad.
7 Grampanchayat Panwadi
Tq.Phulambri, Dist. Aurangabad
Through its Gramsevak.
8 Rajendra s/o Gangadhar Thombre
age 50 years, occ. Business
r/o Phulambri, Tq. Phulambri
Dist. Aurangabad.
9 Abdul Rauf s/o Abdul Majid Qureshi
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age 40 years, occ. Business
r/o Phulambri, Tq. Phulambri
Dist. Aurangabad. .. RESPONDENTS
Mr. K.F. Singare, advocate for petitioners.
Mr. P.S. Patil, AGP for the State.
Mr. S.T. Shelke, advocate for respondent no. 2.
Mr. A.N. Nagargoje, advocate for respondent no. 5.
Mr. S.B. Solunke, advocate for respondent no. 7.
Mr. S.S. Thombre, advocate for respondents 8 and 9.
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CORAM : R.M. BORDE &
P. R. BORA, JJ.
DATE : 28th OCTOBER, 2015.
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Heard.
2. Rule. Rule made returnable forthwith. With the consent of the
parties, petition is taken up for final disposal at admission stage.
3. Petitioners are praying for issuance of directions to respondents to
finalise ward formation for the purpose of holding elections to Nagar
Panchayat Phulambri in consonance with the directives contained in letter
dated 04.08.2015 and to conduct elections of Nagar Panchayat within
specified time.
4. It is not a matter of dispute that village Panwadi and Phulambri
together constituted rural area and was a Group Gram Panchayat before
formation of smaller urban area of Phulambri village. It is informed that by
virtue order issued by the State Government in the month of August 2015,
village Phulambri has been declared as a smaller urban area and the Group
Gram Panchayat constituted of two villages i.e. Phulambri and Panwadi
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ceases to exist. After conversion of village Phulambri in the urban area,
village Panwadi is declared as separate Gram Panchayat under the
provisions of Maharashtra Village Panchayat Act. It is informed that some
part of village Panwadi is nearer to urban area of Phulambri and the Tahsil
office and other offices which are required to be stationed at Taluka Head
Quarter, are stationed within the revenue village boundary of village
Panwadi. The Divisional Commissioner, while declaring preliminary
notification in repect of formation of ward, included part of area consisting
of revenue village Panwadi treating it to be part of the smaller urban area
i.e. Phulambri. The mistake that occurred in formation of wards is stated
to have been corrected and the area falling within the revenue boundary of
village Panwadi has been deleted. Petitioner makes a grievance that infact
the area falling within the revenue village Panwadi which is nearer to the
urban area of Phulambri shall have to be included in the urban area and
necessary procedural formalities are required to be undertaken by the State
Government.
5. Learned AGP for the State has placed on record affidavit on behalf of
respondent no. 4. It is recorded in the affidavit that the State Government
has considered the proposal in respect of inclusion of part of the area within
the revenue village Panwadi, in the similar urban area consisting of
Phulambri. It is also informed that after completing necessary procedural
formalities, part of rural area which is nearer to the urban area of
Phulambri shall have to be included in Nagar Panchayat Phulambri.
Learned AGP for the State informs on instructions that about three months
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time would be required for completing the procedural formalities and
publication of final notification by the State Government in that regard.
6. It is pointed out that smaller urban area for Phulambri is declared on
10.08.2015 and the State Election Commission is obliged to conduct election
for the said smaller urban area, within a period of six months from the date
of its formation. Considering the facts and circumstances of the case, we
direct respondents State authorities to take appropriate steps in respect of
inclusion of part of area comprising of revenue village Panwadi into the
urban area comprising of Phulambri, as expeditiously as possible,
preferably within a period of two months from today. On publication of final
notification in that behalf by the State Government, the State Election
Commission shall take appropriate steps and re-arrange the wards for the
purpose of holding elections to Phulambri urban area. The Election
Commission may carry out further stages of election after final declaration
in respect of inclusion of part of rural area comprising of village Panwadi
into the urban area of village Phulambri. The State Government is expected
to take decision in the matter in respect of inclusion of part of rural area
comprising of village Panwadi into the urban area of village Phulambri in
observance of the procedure prescribed in law. Rule made absolute
accordingly. In the facts and circumstances of the case, there shall be no
order as to costs.
( P.R. BORA ) ( R. M. BORDE )
JUDGE JUDGE
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