Mangala Ramesh Sonawane v. The State Of Maharashtra And Others

1 17-wp 2921-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2921 OF 2021 Mangala Ramesh Sonawane .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. D. S. Bagul, Advocate h/f Mr. A. D. Khot, Advocate for the Petitioner.

Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1, 3 and 4. Mr. A. B. Kadethankar, Advocate for Respondent No. 2. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 15th February, 2021.

PER COURT:- .

Mr. Bagul, learned counsel for the petitioner submits that the petitioner is elected as a member of Village Panchayat Chougaon (BK) from OBC (women) category. The post of Sarpanch of the said Grampanchayat is reserved for ST category. The reservation is not provided in accordance with law and rotation policy. The descending order of the population is also not considered. The learned counsel submit that the draws are not in consonance with the policy issued by the State Government.

2.

We have heard the learned A.G.P. for respondent Nos. 1, 3 and 4

2 17-wp 2921-2021.odt and Mr. Kadethankar, learned counsel for respondent No. 2. 3.

It appears that the post of Sarpanch in the year 1995 was reserved for General category. In the year 2000 it was reserved for OBC category. In the year 2005 it was again reserved for General category. In the year 2010 it was reserved for General (women) category and in the year 2015 the same was reserved for SC (women) category. It appears that, for the first time the post of Sarpanch of Grampanchayat Chougaon (BK) is reserved for SC category. The post of Sarpanch was never reserved for ST category.

4.

For OBC category the same was already reserved in the year 2000.

5.

We do not find any error apparent on the face of record. 6.

Writ petition accordingly is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.