Laxmi Rameshwar Raut And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2323 OF 2021 Laxmi w/o Rameshwar Raut & another .. Petitioners versus State of Maharashtra & others .. Respondents Mr. D. P. Palodkar, Advocate for the Petitioners. Mr. A. R. Kale, AGP for the State.

Mr. A. B. Kadethankar, Advocate for Respondent No. 3. CORAM : ALOK ARADHE, CJ. & S. G. CHAPALGAONKAR, J.

DATE : 20th MARCH, 2025.

PER COURT :

1.

In this Writ Petition, the Petitioners have prayed for the following reliefs :- (A) The present Writ Petition may kindly be allowed. (B) The Hon'ble High Court may be pleased to issue writ of any other appropriate writ or order or direction in the nature of writ and thereby direct the respondents to allot the posts of Sarpanch for SC, ST and BCC (OBC) categories in Phulambri Taluka by observing the principle of rotation as well as allotment of seats in descending manner considering the ratio of population as described in detail in the writ petition and by setting side the orders dated 08.12.2020 and

- 2 - 29.01.2021 issued by respondent No. 6. The post of Sarpanch in village panchayat Babhulgaon (Kh), Tal. Phulambri, Dist. Aurangabad may be directed to be reserved for BCC (Women) category.

(C) Pending hearing and till final disposal of the present writ petition, the Hon'ble High Court may be pleased to stay effect, operation, implementation and execution of the impugned orders dated 08.12.2020 and 29.01.2021 in respect of allotment of reservation of posts of Sarpanch in the village panchayats of Sillod Taluka, District Aurangabad. The notification issued by the Addl. Collector, Aurangabad dated 01.02.2021 for holding elections for the post of sarpanch may kindly be stayed.

(D) Ad-interim relief in terms of prayer clause (D) may kindly be granted.

(E) Any other suitable and equitable relief may kindly be granted in favour of the petitioners. 2.

Admittedly, a rotation of reservation has already been prescribed and implemented and therefore, no interference in the orders dated 08.12.2020 and 29.01.2021 is called for in this Writ Petition.

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At this stage, learned counsel for the Petitioners submits that the aforesaid orders may be taken into account while prescribing rotation of reservation in future.

4.

In view of the aforesaid submission, the Petition is disposed off with liberty to assail validity of the orders dated 08.12.2020 and 29.01.2021, if occasion so arises in the future. ( S. G. CHAPALGAONKAR, J. ) ( CHIEF JUSTICE ) dyb