The Bombay High Court, by a Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, has dismissed a large batch of writ petitions challenging the ward formation, delimitation, and reservation processes undertaken by authorities for impending local body elections across Maharashtra.
The petitions assailed various notifications and orders relating to ward delimitation and reservation, primarily contending that objections raised by citizens were either ignored or decided contrary to prescribed guidelines. Several petitioners also questioned the validity and application of the Maharashtra Zilla Parishads and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 2025, particularly Rule XII, alleging that it disrupted the constitutional mandate of rotation of reserved seats under Article 243D of the Constitution.
The Court noted that elections to local bodies were already notified pursuant to binding directions issued by the Supreme Court in Rahul Ramesh Wagh v. State of Maharashtra, Special Leave Petition (Civil) No. 19756 of 2021, mandating completion of the electoral process within a stipulated timeframe. In this backdrop, the Bench emphasized the constitutional bar on judicial interference in electoral matters under Articles 243-O and 243-ZG, except in rare and exceptional circumstances.
After examining representative pleadings particularly those concerning the Paithan Municipal Council, the Court held that the delimitation exercise had been carried out on the basis of statutory guidelines, population data, geographical contiguity, and community interest. It accepted the stand of the State and election authorities that marginal deviations in population norms were permissible under the guidelines to preserve enumeration block integrity and serve community interests, especially for Scheduled Caste and Scheduled Tribe populations.
The Bench also took note of the consistent position adopted by the High Court in earlier cases and the dismissal of similar challenges by the Supreme Court. It observed that many petitions involved disputed questions of fact, which could not be adjudicated in writ jurisdiction, and that statutory remedies by way of election petitions were available after the elections.
Accordingly, the Court declined to interfere with the ward delimitation and reservation process, holding that the exercise was conducted transparently, in accordance with law, and within the constitutional framework governing local self-government. All actions taken by the authorities in furtherance of the election process were thus upheld, clearing the way for timely conduct of local body elections across Maharashtra.
Appearances:
Mr. Anil Anturkar, Senior Advocate a/w. Ms. Kashish Chelani, Mr. Harshvardhan Suryavanshi, Mr. Chaitanya Chavan, Mr. Rahul Singh, Mr. Neil Patel, Mr. Atharva Date, Ms. Pranali Raut, Ms. Varsha Sawant, Ms. Kashish Chelani i/b. Legal Catalyst, Advocates for Petitioner in WP/13518/2025.
Mr. Hrishikesh Chitaley a/w Mr. Hitesh B. Sangle, Advocates for the Petitioner in WP/15782/2025 (Through V.C.).
Mr. Nitin Vyawahare a/w. Mr. Vedant Vyawahare, Advocates for Petitioner in WP/15798/2025.
Mr. Harshad Sathe a/w. Mr. Shyamsundar Patil, Mr. Pravin Nikam, Advocates for the Petitioner in WP/14420/2025.
Mr. Hitesh Sangle a/w. Mr. Hrishikesh Chitaley, Advocates for Petitioner in WP/15782/2025.
Mr. Nitin Vyawahare a/w. Mr. Vedant Vyawahare, Advocates for Petitioners in WP/15798/2025.
Mr.Nikhil Sakhardande, Sr.Adv. a/w Ms. Shubhra Swami & Mr. Priyansh R. Jain i/b. Mr. Shraddhanand Bhutada, Advocates for Petitioner in WP/15778/2025.
Mr. Tauseef Sayyed (Through V.C.), Advocate for the Petitioner in WP/14855/2025.
Mr. Shrishailya S. Deshmukh, Advocate for Petitioner in WP/11930/2025.
Mr. Abhijeet A. Joshi i/b. Mr. Sharad Natu, Advocates for Petitioner in WP/14820/2025, WP/14821/2025.
Mr. Ratan L. Adhe i/b. Mr. Datta Madake, Advocates for Petitioner in WP/14728/2025.
Mr. Ratan L. Adhe i/b. Mr. Vishal A. Bagul Patil, Advocates for Petitioner in WP/15026/2025.
Smt. Neeta Karnik, Senior Advocate a/w. Ms. Jagruti Nimbalkar, Advocates for Petitioner in WP/11878/2025.
Smt. Jagruti Nimbalkar, Advocate for Petitioner in WP/11880/2025.
Mr. S. B. Gastgor, Advocate for Petitioner in WP/15127/2025.
Mr. Mahesh I. Dhatrak, (Through V.C.) Advocate for Respondent No.2-Municipal Council Gondia in WP/15782/2025, for Respondent No.5-Municipal Council Gondia in WP/15780/2025, for Respondent No.2-Chief Officer Wani Nagar Parishad in WP/15798/2025 & for Respondent No.5 in WP/15018/2025.
Mr. Rakesh R. Bhatkar, Advocate for Respondent No.4 Ratnagiri Nagar Parishad in WP/15806/2025 a/w. IA/13412/2025.
Mr. A. Y. Sakhare, Senior Advocate a/w Ms. Chaitrali Deshmukh, Advocates for Respondent No. 2 & 3 in WP/14420/2025.
Mrs. Neha S. Bhide, G.P. a/w. Mr. O. A. Chandurkar, Addl G.P., Mr. V. G. Badgujar, AGP, Mrs. G. R. Raghuwanshi, AGP, Mrs. Pooja Patil, AGP for Respondent-State.
Mr. Mahesh I. Dhatrak, Advocate for Respondent No.5- Municipal Council Wadi in WP/15018/2025.
Mr. S. M. Vaishnav, Advocate for Respondent No.4 in WP/15015/2025.
Mr. Sachindra B. Shetye a/w. Akshay Pansare, Mr.Nipun Sawane, Adv for Respondent – State Election Commission – in all connected matters.
Mr. Sandeep Koregave, Advocate (Through V.C.) for Petitioner in WP/14966/2025, WP/14967/2025, WP/14892/2025.
Mr. D. P. Palodkar a/w. Mr. Nikhil Adkine, Mr. Shubham Khoche, Mr. Avinash Badmare, Advocates for Petitioner in WPST/34566/2025.
Mr. Uday Warunjikar a/w. Mr. Sandeep Kovaradregave & Mr. Amol Sawant, Advocates for Petitioner in WP/13007/2025.
Mr. Vijay P. Agale a/w. Mr. Mehboob Shaikh, Advocates for Petitioner in WP/14981/2025.
Mr. Ratan Adhe i/b. Mr. Dutta Madake, Advocates for the Petitioner in WP/14728/2025.
Mr. Ratan Adhe i/b. Mr. Vishal A. Bagul Patil, Advocates for Petitioner in WP/15026/2025.
Mr. S. S. Patwardhan i/b. Ms. Mrinal Shelar, Advocates for Petitioners in WP/12935/2025.
Mr. Anurag Mankar a/w. Mr. Raj Tavsalkar, Advocates for Petitioner in WP/15003/2025.
Mr. Shrishailya S. Deshmukh, Advocates for Petitioner in WP/11930/2025.
