Radheshyam Laxman Kolhe v. The State Of Maharashtra And Ohters

(1) 1008-wp-2224-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1008 WRIT PETITION NO.2224 OF 2021 RADHESHYAM LAXMAN KOLHE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ..RESPONDENTS ...

Mr. Devidas R. Shelke, Advocate for the Petitioner. Mr. D. R. Kale, Incharge GP for Respondents-State. Mr. A. B. Kadethankar, Advocate for Respondent No.4.

...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 05th FEBRUARY, 2021.

PER COURT:- 1.

Mr. Shelke, learned counsel for the petitioner submits that for Grampanchayat Amalner the post of Sarpanch is reserved for General (women), the same ought to have been reserved for OBC. Considering the population of OBC in the said village, there are two candidates elected from OBC, one is OBC and another is OBC (women), but no representation is given for them. Earlier in the year 1995 and 2010 the post of Sarpanch was reserved for General (women), the same ought not to have been repeated this time.

2.

We have the learned A.G.P.

(2) 1008-wp-2224-2021 3.

The petitioner is elected as Member of Grampanchayat Amalner from OBC. The post of Grampanchayat was reserved for OBC for the term 2010-2015 and in 2015-2020 it was reserved for General. This time it is reserved for General (women). The 50% reservation has to be given for women as per Rules. Considering the rotation this time it is reserved for women.

4.

We do not have data/statistic of the Grampanchayat of the Taluka. In absence of the same, no conclusion can be drawn. Taluka is considered as unit.

5.

Writ Petition as such is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2021