Ashwini Sandip Haribhakta v. The State Of Maharashtra And Others

991-wp-2812-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2812 OF 2021 Smt. Ashwini Sandip Haribhakta ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. A.G. Ambetkar, Advocate for the Petitioner. Mr. A.R. Kale, A.G.P. for Respondent Respondent Nos. 1, 3 and 4. Mr. A.B. Kadethankar, Advocate for Respondent Nos.2 and 5. ....

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

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

Mr. Ambetkar, learned counsel for the petitioner submits that since 1995, the post of Sarpanch of Grampanchayat BhamboraHingangaon was never reserved for SC (women). The petitioner is elected as a member of the said Grampanchayat from S.C. (women) category. The learned counsel submits that the said post was reserved for General (women) for 2005-2010. Now the said post is reserved for General (women) for 2020-2025. The same is the illegality committed.

991-wp-2812-21 2.

The post of Sarpanch of the said Grampanchayat in the year 2000 was reserved for S.C. category, the same was excluded while following rotation policy, the reservation has to be kept in a descending order. Naturally, the said is in consonance with the Bombay Village Panchayat (Sarpanch and Up-sarpanch) Election Rules, 1964 and subsequently the post of S.C. reservation is in descending order. We do not find any error to that effect. 3.

In light of that, the writ petition is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane