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Bombay High CourtWP/5389/2015disposed off

Shri. Sakharam Maruti Gaikwad v. The Tahsildar And ORS

2015-07-02Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Naresh H. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5389 OF 2015 Shri Sakharam Maruti Gaikwad.

...

Petitioner.

V/s.

The Tahsildar, Maval, Pune and others.

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Respondents.

Ms.Gauri Godse for the petitioner.

P.P.Kakade, AGP for respondent Nos.1, 2 and 5. S.B.Shete for respondent No.3.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

2nd July 2015.

P.C.

The grievance of the petitioner is that seat of Sarpanch of Grampanchayat, Shivane village was reserved in the following manner: YEAR RESERVATION Open Woman O.B.C.

Open Open In the present subject election, according to the petitioner, the seat of Sarpanch should be reserved for Scheduled Caste candidate. As per the information placed before us, the schedule caste population of village-

skn 2/2 5389.15-wp.sxw Shivane, according to 2011 census, is 248. The reservation is done in descending manner and in accordance with the rules framed for the said purpose. The further grievance of the petitioner is that seats of Sarpanch in Grampanchayats of Somatane and and Jambhul villages are reserved for Scheduled Caste candidates but the said seats are already filled in by the open candidates. The declaration of reservation, according to the petitioner, is done after the elections for Sarpanch were held. 2.

Learned A.G.P. submits that for village- Jambhul, elections were first time held in the year 2014. In respect of Somatane village, the elections are to be held in the month of July. 3.

In the light of the aforesaid facts and circumstances, we direct the Collector, Pune to look into the relevant record for getting himself reassured that the reservations for the seats of Sarpanch are carried out in accordance with the prescribed rules and regulations. 4.

With this observation, petition is disposed of. 5.

Learned A.G.P. to forward copy of the order to Collector, Pune.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..