Indian Kanoon - Search engine for Indian Law

24. It is submitted that as regards reservation and rotation of reservation, the order of the State Election Commission dated 03.01.2020, 14.01.2020 and 29.01.2020 are issued in consonance with all the provisions of the Constitution, the Maharashtra Municipal Corporation Act and in compliance of the ratio laid down by the higher Courts in land mark cases. It is submitted that all the directions have been followed strictly, scrupulously and reservations and rotation method is duly followed and there is no illegality.

52. It is pertinent to note that State Election Commission has issued final notification regarding reservation of wards and rotation of reservation by keeping in mind the provisions of the Constitution of India and in compliance of the judgment and order passed by this court in writ petition no.386/2006, dated 03.10.2006, writ petition no.6389/2006 with connected matters dated 9-2-2007 and judgment and order dated 24.03.2015 in writ petition no. 3101/2015 with other connected matters. On going through the exercise made by State Election Commission and direction issued by this court earlier in the above referred petitions, the State Election Commission has followed the directions of this court strictly and scrupulously in the process of reservation of wards and rotation of reservation.

56. Now coming to the reservation/rotation of reservation of wards, according to the learned counsel for the petitioners, ward boundary and ward formation are not according to the provisions of law and regulation. It is also contended that the ratio of population was not maintained and fraudulent information was supplied to mislead the public and there is illegality in rotating seats in respect of Ward Nos. 73, 23, 49, 46, 3, 4, 70, 90, 58 with regard to reservation. It is evident from the reply affidavit sown on behalf of Aurangabad Municipal Corporation that they have considered the factual position existed during the elections held in the years 2005, 2010 and 2015 while considering the rotation of reservation. The State Election Commission has directed to consider whether more than 50% enumeration blocks were in the wards reserved earlier or not. If such blocks are reserved in earlier election, they cannot be reserved for the present election. But if it is revealed that WP3323-20Group1.odt reservation for less than 50% enumeration blocks are not reserved then such wards need to be considered as new wards and need to be reserved.

59. The contention of the petitioners regarding policy of reservation and rotation of seats has not been followed by State Election Commission is devoid of merit. It shall have to be taken into consideration that the State Election Commission is expected to follow the principles governing the rules and regulations and its own orders and circulars in its substance.

60. There may be delusions or illusions, which are not sufficient to vitiate the whole process of election. It would not render the whole exercise of delimitation of wards and prescription of reservation and rotation, bad and illegal.