The Nagpur Bench of the Bombay High Court has dismissed a writ petition filed by a group of social workers and agriculturists from Washim district, challenging the formation of wards for the upcoming Zilla Parishad and Panchayat Samiti elections. The Division Bench comprising Justice Anil S. Kilor and Justice Ajit B. Kadethankar delivered the ruling on 22 August 2025, holding that courts cannot interfere with the ongoing electoral process except through election petitions filed after the polls.
Background to the Case
The dispute arose after the Divisional Commissioner of Amravati issued an order on 11 August 2025, rearranging certain villages between electoral divisions (known as Gats and Gans). The petitioners argued that these changes—such as shifting the villages of Mairal Doh, Jamkhed, Udi, and others—were arbitrary and ignored the opinions of the District Collector.
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They also expressed fears that voters would face inconvenience in reaching polling booths and insisted that no fresh ward formation was needed since the population figures were still based on the 2011 Census.
The elections had already been delayed for years due to legal challenges over reservation policies. Earlier this year, the Supreme Court directed the State Election Commission to hold local body elections in Maharashtra within four months, making ward formation an urgent task.
Government’s Stand
The State, represented by Senior Counsel and Government Pleader D.V. Chauhan, opposed the petition, stressing that courts are barred from interfering in elections under Articles 243-O, 243-ZG and 329 of the Constitution.
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The State argued that every procedural safeguard—including inviting objections and conducting hearings—had been followed as per the 2025 Election Order. The government assured the court that polling booths would be arranged to ensure no voter was deprived of casting their ballot.
Court’s Observations
The judges examined the objections carefully but found them to be “omnibus and not meticulous.” They observed that slight adjustments in attaching or detaching villages were inevitable due to geographical and demographic factors. The court noted:
Merely the attachment or detachment of some villages to certain divisions cannot be a ground to set aside the entire ward formation process.
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On the petitioners’ claim that the Divisional Commissioner could not overrule the District Collector’s remarks, the court clarified that the Commissioner was the final competent authority under the 2025 Election Order. The Bench also highlighted that permissible variations of up to 10% in population across divisions were allowed by law.
In dismissing the writ petition, the Bench emphasised that challenges to ward formation could only be raised later through an election petition under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The court reminded that interfering at this stage would disrupt the election schedule mandated by the Supreme Court.
Case Title: Shri Dilip s/o Rambhau Jadhav & Ors. vs. State of Maharashtra & Ors.
Case Number: Writ Petition No. 4627 of 2025
