Minal Suresh Koli And Another v. The State Of Maharashtra And Others

988-wp-2797-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2797 OF 2021 WITH CA/2171/2021 IN WP/2797/2021 Mangaldas S/o Tulshiram Kambale ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. B.R. Waramma, Advocate for the Petitioner. Mr. S.R. Yadav Lonikar, A.G.P. for Respondent Nos. 1 to 3 and 5. Mr. A.B. Kadethankar, Advocate for Respondent No.4. ....

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

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

Mr. Waramma, learned counsel for the petitioner submits that since 1995, the post of Sarpanch of Grampanchayat Mandal was never reserved for S.C. category. The population of S.C. in the said Grampanchayat is 353. The total population of the said Grampanchayat is 5667. The population of S.C. to that extent is 6%. According to the learned counsel, at least once, since 1995 the post of Sarpanch ought to have been reserved fro S.C. category. The illegality has been committed by not drawing the draws.

988-wp-2797-21 2.

We have heard the learned A.G.P. also.

3.

There are 119 Grampanchayats in Amalner taluka. The taluka is considered as a unit. The petitioner is not in a position to place on record the percentage of the population of S.C. in other Grampanchayats. In absence of the entire data, it will not be possible to arrive at a definite conclusion.

4.

In light of that, the writ petition is disposed of. No costs. 5.

In view of disposal of the writ petition, the civil application is also disposed of.

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