Vandana Balu Shinde v. The State Of Maharashtra And Others

954-wp-3043-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3043 OF 2021 Vandana W/o Balu Shinde ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

....

Mr. Prashant S. Shinde, Advocate for the Petitioner. Mr. A.R. Kale, A.G.P. for Respondent Nos.1, 3 to 6. Mr. A.B. Kadethankar, Advocate for Respondent No.2. ....

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

DATE : 16th FEBRUARY, 2021 PER COURT:- 1.

Mr. Shinde, learned counsel for the petitioner submits that the post of Sarpanch of Grampanchayat Parsoda was reserved for S.C (women) category, the same was abruptly changed to S.C. category. The respondents did not have the jurisdiction to change the reservation. Only because the mistake was caused in reservation of other Grampanchayats, the post of Sarpanch of petitioner' s Grampanchyat ought not to have been changed.

2.

We have heard the learned A.G.P. and Mr. Kadethankar, learned counsel for respondent No. 2.

954-wp-3043-21 3.

We do not have the entire data about the reservation since the year 1995. The year 1995 is the base year. Taluka is considered as a unit while considering the reservation. The reservation for the post of Sarpanch of Grampanchayat Parsoda in the last election is also not a matter of record in the present case. In absence of all the aforesaid data, no conclusive findings can be arrived at. 4.

The writ petition is disposed of. No costs.

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