Anandrao Ramchandra Jadhav v. The Collector, Satara And ORS

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 142 OF 2015 Anandrao Ramchandra Jadhav ...

Petitioner Vs.

The Collctor, Satara & Ors.

...

Respondents *** Mr. Nikhil Wadikar i/b Nandu Pawar, for the Petitioner. Mr. N. C. Walimbe, AGP for the Respondent - State. *** CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ.

DATE : SEPTEMBER 6, 2016 PC.

1.

By this PIL, which is filed under Article 226 of the Constitution of India, Petitioner is seeking following reliefs: "(a) Rule may be issued;

(b) this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction ordering the Respondents herein to reserve the post of Sarpanch, Gram Panchayat, Nigadi, Tarf, Satara for the term 2015-2020 for either the category of "S.C. / S. T. - Female" or the 1 / 3

category of "O.B.C. - General" instead of "O.B.C. - female";

(c) this Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction ordering the Respondents herein to reserve post of Sarpanch in all the Gram Panchayats within the State of Maharashtra by rotation of the categories of reservation so that no category of reservation gets a repeated reservation gets a repeated reservation until all the categories of reservation are duly represented;

(d) that pending the hearing and final disposal of the instant Public Interest Litigation, the appointment of Sarpanch, Gram Panchayat, Nigadi Tarf, Satara, may be stayed;

(e) for interim / ad-interim relief in terms of prayer clause (d) hereinabove;

(f) for costs;

(g) for such other and further reliefs as the nature and circumstances of the case may require.

(h) This Hon'ble Court may be pleased to set aside the appointment of the Respondent No. 4 as the Sarpanch of village Nigadi Tarf, Taluka and 2 / 3

district, Satara and may be pleased to appoint a candidate representing either the category of 'S.C./S.T. - Female' or the category of 'O.B.C. - General' as the Sarpanch of village Nigadi Tarf, Taluka and district Satara."

2.

In our view, there is no public interest involved in this PIL and it is not for the High Court to examine individual appointment of Sarpanch and also examine whether appointments are made in accordance with law. Reserving the right of the Petitioner, or an aggrieved person to challenge the said appoints before an appropriate forum, PIL is disposed of.

Sd/- Sd/- [Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 3 / 3