Kalpana Sunil Bhand v. The State Of Maharashtra And Others

1 74-WP-4605-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4605 OF 2021 Kalpana Sunil Bhand

...Petitioner

Versus

State of Maharashtra and Others

...Respondents

Mr P.V. Barde, Advocate for Petitioner Mr A.R. Kale, AGP for Respondents-State Mr A.B. Kadethankar, Advocate for Respondent No. 2 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 15th MARCH, 2021 PER COURT :

1.

Mr Barde, the learned counsel for the petitioner submits that the post of Sarpanch of Grampanchayat, Whellale was reserved for SC women. No SC woman candidate is elected. Now, the reservation is transferred to SC category. In that case, the reservation of women would be below 50%. The same would not be in consonance with Section 30 (c) of the Maharashtra Village Panchayat Act. 2.

We have heard Mr Kadethankar, the learned counsel and the learned Assistant Government Pleader for respondent-State. 3.

As per Rule 4 of the Rules, 1964, if SC woman candidate is not available, the post would go to SC. The action of the respondent is in tune with the said Rule.

4.

In view of that, the writ petition is disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta