Changdeo Namdeo Bhalerao And Another v. The State Of Maharashtra And Others

1 83-WP-2487-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2487 OF 2021 Changdeo s/o Namdeo Bhalerao and Anr.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr R.R. Karpe, Advocate holding for Mr S.S. Gangakhedkear, Advocate for Petitioners Mr A.R. Kale, A.G.P. for Respondent-State Mr A.B. Kadethankar, Advocate for Respondent No. 2 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 8th FEBRUARY, 2021 PER COURT :

1.

Mr Karpe, the learned counsel for the petitioners submits that the reservation for the post of Sarpanch of Grampanchayat, Bhandarwdi is not properly applied. The post of Sarpanch ought to have been reserved for S.C. (Women) or O.B.C. Category but the same is reserved for General Category, which is apparently inappropriate and illegal. The petitioner No. 1 is elected from O.B.C. Category and petitioner No. 2 from S.C. (Women) Category. The Rule 3 (b) of Election Rules, 1964 along with Sub Rule (2) of Rule 2-A is not adhered to. More than 50 % posts are reserved for General Category and there is no adherence to Rule 3(b) of Election Rules, 1964.

2 83-WP-2487-2021 2.

We have heard the learned Assistant Government Pleader. 3.

It is contended that there are 110 Grampanchayats in Taluka Osmanabad.

4.

For arriving at the conclusion about the legitimacy of reservation for the post of Sarpanch, the data of the entire Taluka is required to be considered. Taluka is considered as a unit. Unfortunately, the data of the entire Taluka is not placed on record. 5.

Prima facie, it appears that in the year 1995-2000, the post of Sarpanch of village Bhandarwadi was reserved for O.B.C. Category. For the year 2005-2010, it was reserved for S.C. Category. For the year 20102015, it was reserved for S.C. (Women) Category and for the year 20152020, it was reserved for O.B.C. (Women) Category, and now, it is reserved for General Category. The post is reserved for General Category for the first time since 1995-2000. The rotation policy prima facie appears to have been adhered to.

6.

The writ petition as such is disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta