Adv. Ashish S/O Nandkishor ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 12168 Bom

                                                                                   WP.7319.22
                                               1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT NAGPUR, NAGPUR.
                                 ...
                     WRIT PETITION NO. 7319/2022

Adv. Ashish s/o Nandkishor Jaiswal
and others                                                                    .. Petitioners
                       versus
State of Maharashtra and others                                               ..Respondent
.........................................................................................................
Mr. M.P.Khajanchi, Advocate for the Petitioners
Mr. A.M.Deshpande, I/c Government Pleader for Respondents 1,2
and 4
Mr J B Kasat, Advocate for Respondent No.3
.........................................................................................................

                CORAM: A.S.CHANDURKAR & ANIL L.PANSARE,JJ.

DATED : 25th November, 2022.

P.C. :

By this writ petition, the petitioners pray that the State Government be directed to take a decision in the matter of establishment of Kandri (Kanhan) Nagar Panchayat in terms of the draft notification issued on 19.10.2022. It is the case of the petitioners that pursuant to the proclamation issued by the Urban Development Department, objections were received and considered by the Collector. Thereafter, the said draft notification came to be issued on 19.10.2022 proposing to constitute the said Nagar Panchayat. In the meanwhile, on 09.11.2022, the State Election Commission has declared the schedule of elections for the entire State so as to hold general elections of Gram Panchayats wherever the same are due. As per the Annexure to the said communication, the nominations are to be filled in from 28.11.2022. It is in this backdrop that the petitioners pray that the State Election Commission be restrained from holding elections to Kandri Gram WP.7319.22

Panchayat, in view of the fact that such a request has been made by the Urban Development Department to the State Election Commission on 11.11.2022. In that communication, it has been stated that with a view to avoid duplication, elections of the Gram Panchayat be postponed as within a period of three months, the final notification constituting the Nagar Panchayat is likely to be issued by the State Government.

2. Mr.Khajanchi, learned counsel for the petitioners submits that in view of the issuance of draft notification on 19.10.2022 coupled with the communication dated 11.11.2022 made by the Urban Development Department to the State Election Commission, the elections to the Kandri Gram Panchayat may be postponed. Referring to the order passed in Writ Petition No. 6125/2013 (Adv.Ashish Jaiswal vs. The State of Maharashtra and others) dated 28.11.2013; PIL No.112/2016 ( Adv.Ashish Jaiswal vs.State of Maharashtra and others ) dated 01.12.2016 as well as the judgment in W.P No.6672/2016 (Mr.Prakash Domki vs. State of Maharashtra and others) decided on 12.01.2017, it is submitted that holding of elections of the Gram Panchayat would result in unnecessary public expenditure. The final notification being expected within a period of three months the elections to the Nagar Panchayat could be held thereafter.

3. Mr. A.M.Deshpande, learned i/c Government Pleader appearing for respondent nos.1,2 and 4 has referred to the communication dated 11.11.2022 and has submitted that it is for the State Election Commission to take necessary decision in that regard. Mr. Kasat, learned counsel appearing for respondent no.3 opposes grant of any interim relief. It is submitted that in view of the fact that the WP.7319.22

schedule for the general elections to Gram Panchayats in the State has been declared on 09.11.2022, the election process need not be stalled. He submits that pursuant to the directions issued by the Hon'ble Supreme Court in Special Leave Petition No. 19756/21, the said schedule has been declared. He further submits that issuance of final notification is a matter of speculation and therefore, no interim relief be granted to the petitioners. The learned counsel has placed reliance on the order passed in W.P. No.10186/2022 (Rohidas @ Baban Zambare vs. State Election Commission & others) at the Aurangbad Bench of this Court on 22.11.2022.

4. We have heard the learned counsel for the parties on the question of interim relief. It is undisputed that draft notification for constitution of Kandri (Kanhan) Nagar Panchayat has been issued on 19.10.2022. The process of issuing final notification is stated to be underway. In that backdrop, the Urban Development Department itself has on 11.11.2022 made a request the State Election Commission to postpone the election of the existing Gram Panchayat. Though this request was made on 11.11.2022, no response to the same has been brought to our notice. Be that as it may, we find that a somewhat similar issue was considered by this court in W.P. No. 6125/2013. After noting that the process of conversion of Gram Panchayat to Municipal Council had begun and holding of election would result in unnecessary loss of public money, direction was issued not to hold the elections till the next date. The orders relied upon by the learned Counsel for the petitioners indicate that where the conversion of Gram Panchayat into Nagar Panchayat is in progress, the Court has directed postponement of election in such a situation. In the order relied upon by the learned WP.7319.22

Counsel for respondent no.2 the dispute pertains to formation of wards and objection thereto. Prima facie, we do not find that this order would support the stand of respondent no.2.

5. In view of the aforesaid, while issuing notice to the respondents and making it returnable on 6 th December,2022, it is directed that for aforesaid reasons, till the next date, the Respondent nos.3 and 4 shall not go ahead with holding of election to Kandri Gram Panchayat, Tq. Parsheoni, Dist. Nagpur.

6. The learned I/c Government Pleader waives notice for respondents nos.1,2 and 4 and Mr. Kasat for repsondent no.3.

7. Authenticated copy of this order be supplied to the learned counsel for the parties.

         [ANIL L. PANSARE, J.]              [A.S.CHANDURKAR, J.]
sahare




                                                          Digitally Signed ByNARENDRA
                                                          BHAGWANTRAO SAHARE
                                                          Location:
                                                          Signing Date:25.11.2022 19:31
                                                                                  19:30