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Bombay High CourtWP/2765/2021disposed off

Kailas Bahgwat Borde v. The State Of Maharashtra Thr Chief Secretary And Others

2021-02-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni1 pages

978-wp-2765-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2765 OF 2021 Kailas S/o Bhagwat Borde ... Petitioner.

Versus

The State Election Commission and others ... Respondents.

....

Mr. N.B. Narwade, Advocate for the Petitioner. Mr. A.R. Kale, A.G.P. for Respondents / State. ....

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

DATE : 10th FEBRUARY, 2021 PER COURT:- 1.

Mr. Narwade, the learned counsel for the petitioner submits that no S.C. candidate is elected as a Member of the Grampanchayat Matulthan. The post of Sarpanch is reserved for S.C. category. 2.

The learned AGP submits that in that case, Rule 4-A of the Bombay Village Panchayat (Sarpanch and Up-sarpanch) Election Rules, 1964 would be adhered to.

3.

Naturally, in case, Scheduled Tribe (Woman) candidate is not available, then the respondents will have to adhere to Rule 4A of the Rules, 1964 and its proviso. 4.

The Writ petition disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane