Pandurang Bhivaji Kamble v. The State Of Maharashtra And Others

93-WP-2505-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 93 WRIT PETITION NO.2505 OF 2021 PANDURANG BHIVAJI KAMBLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. R. R. Karpe h/f Mr. Gangakhedkar Shailendra S AGP for Respondents/State: Mr. A. R. Kale ...

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

DATE : 08.02.2021 P.C. :

.

Mr. Karpe the learned advocate for the petitioner submits that the petitioner is elected as a Member of Grampanchayat Omerga Illadevi from SC category. The learned counsel submits that the post of Sarpanch ought to be reserved for either SC (female) or OBC considering the rotation policy. The post was never reserved for SC (women) since 1995 nor it was reserved for OBC twice, one for OBC and one for OBC (women).

2.

Even if the post could have been reserved for SC (women), the petitioner would not stand to get. The petitioner is elected as a Member from SC category. It would appear that the post

93-WP-2505-2021.odt of Sarpanch of Grampanchayat Omerga Illadevi was reserved for OBC category in 1995, for General (women) in the year 2000, for General in the year 2005, for SC in the year 2010 and for OBC (women) in the year 2015. At no point of time for this year, it could not have been reserved for Women considering the rotation policy and the same is reserved for General category.

3.

We do not find that the rotation policy has been flouted. 4.

In light of that, writ petition is disposed of. No costs. (SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) Sameer