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Bombay High CourtWP/7916/2021disposed off

Ram Dharmaraj Jogdand v. The State Of Maharashtra Thr Its Principal Secretary And Others

2021-09-29Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

1 986-wp 7916-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7916 OF 2021 Ram Dharmaraj Jogdand .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. S. B. Solanke, 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 & R. N. LADDHA, JJ.

DATED : 29th September, 2021.

PER COURT:- .

Mr. Solanke, learned counsel for the petitioner submits that the post of Sarpanch for village Bhatumba since 1995 was never reserved for SC category. According to the learned counsel, the population of SC category is 17.50% in the said Grampanchayat. The rotation policy is not adhered to. Considering that the 17 posts are meant for SC category at least one post for Sarpanch ought to have been reserved for SC category.

2.

Mr. Lakhotiya, learned A.G.P. submits that the post of Sarpanch for village Bhatumba was reserved for SC (women) in the year 2000. The villages shown at serial No. 91 to 109 of the list are reserved for

2 986-wp 7916-2021.odt SC category for the period 2020-2025. Those villages were never reserved for SC category, as such 50% of the said posts are reserved for SC category and SC (women) category.

3.

Considering the submissions, the rotation policy has to be adhered to. The villages which are now reserved for SC category and SC (women) category were never reserved for SC (male) or SC (female) for all these years from 1995. The rotation policy has been adhered to, which according to us is reasonable and proper. 4.

Considering the above, no relief can be granted on the merits of the matter.

5.

Writ petition is disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.