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In other words petition challenges the delimitation of Panchayat area / constituencies determined by the authorities and therefore in view of provisions of Article 243-O, it is well settled that the delimitation of Panchayat area or constituencies in the said area are not open to judicial scrutiny. In order to substantiate the said contention, reliance is placed on the decision of the Apex Court in the case of State of Uttar Pradesh vs. Pradhan Sangh Kshettra Samiti [1995 (Supp.2) SCC 305]. The challenge can be entertained by the court only on the ground that before delimitation, no objections were invited and no hearing was given. It is submitted that in the present case admittedly the objections were invited. Petitioners had raised their objections and after hearing them the objections were turned down by the Collector Satara by recording reasons and therefore impugned order is sustainable in law.

10. The learned Assistant Government Pleader supported the stand taken by the learned counsel for the respondent no. 2 as well as the impugned order.

11. Considered the contentions canvassed by the respective counsel.

Perused the relevant Rules, relevant provisions of the Act and Rules, as well as Constitution and perused the decision of the Apex Court in the case of State of Uttar Pradesh (cited supra).

12. In the present petition, the petitioners are challenging the order passed by the Collector Satara dated 30th January 2010 whereby objections raised by the petitioners to the final notification issued under Rule 5 of the BVP Rules 1966 came to be rejected. In other words the petitioners are challenging the formation of wards of Tambi Village Panchayat, District Satara. Chapter IX of Constitution deals with Panchayats and Article 243 provides definitions. For our purpose, Article 243(d), (e) and (g) are relevant, which reads thus:-

The plain reading of the above referred observations made by the Apex Court would show that if provisions of Article 243-C, 243-K and 243-O are read together the delimitation of Panchayat area or the formation of the constituencies in the said areas and allotments of seats to the constituencies could be challenged nor the court can entertain such challenge except on the ground that before delimitation, no objections were invited and no hearing was given, even though this challenge also could not be entertained after the notification for holding the election is issued. The law declared by the Apex Court is loud and clear and prohibits courts to entertain challenge in view of Article 243-C, 243-K read with 243-O in respect of the above aspects, and therefore the challenge raised by the petitioners pertaining to delimitation of Panchayat area or that of formation of constituency in the said area as well as allotment of seat to such constituencies cannot be entertained by this court since the objections were invited, petitioners have raised objections, hearing was given to them and it is only thereafter the objections were rejected by the Collector Satara by passing impugned order.