Gavalan Vitthal Shelake v. Ramchandra Keshav Hiwale

(1) 1022-wp-2006-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1022 WRIT PETITION NO.2006 OF 2021 WITH CIVIL APPLICATION NO.2001 OF 2021 IN WRIT PETITION NO.2006 OF 2021 RAMCHANDRA S/O KESHAV HIWALE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Aashish T. Jadhavar, Advocate for the Petitioner.

Mr. D. R. Kale, Incharge GP for Respondents-State. Mr. A. B. Kadethankar, Advocate for Respondent No.2.

...

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

DATED : 05th FEBRUARY, 2021.

PER COURT:- 1.

Mr. Jadhavar, learned counsel submits that the post of Sarpanch for village panchayat Raja, Tal. Sailu is reserved for SC (women). According to the learned counsel for Grampanchayat Raja, Tal. Sailu not a single SC (women) candidate is elected and the said seat should go to SC candidate.

2.

Mr. Kale, learned In-charge Government Pleader submits that in case, the woman candidate of SC or ST is not available, then the Collector/Authority would proceed in accordance with Rule 4(A) of the Maharashtra Village Panchayat (Sarpanch and Up-Sarpanch) Election Rules, 1964.

(2) 1022-wp-2006-2021 3.

The insistence of Mr. Jadhavar, learned counsel for petitioner is also that the Authority in that case should adhere to Rule 4(A) of the Rules, 1964.

4.

As it is already submitted by the Incharge Government Pleader that in such contingencies as apprehended by petitioner, the Authority will have to follow Rule 4(A) of the Rules, 1964. No further orders are necessary. 5.

Writ Petition accordingly disposed of. No costs.

6.

In view of disposal of writ petition, present civil application stands disposed of. (SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2021