Gotiram Naru Pawara v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6111 OF 2015 Gotiram s/o Naru Pawara Petitioner

Versus

The State of Maharashtra & others Respondents Mr.P.R.Katneshwarkar, advocate for the petitioner Mr.S.G.Nandedkar, A.G.P. for Respondents No.1 to 3. Mr.S.T.Shelke, advocate for Respondent No.4.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 21st July, 2015 PER COURT:

It is not a matter of dispute that no seat is prescribed for OBC category from amongst elected members and all the seats in the village panchayat are reserved for Scheduled Tribe category since the village is included in scheduled area. While drawing lots in respect of reservation of posts of Sarpanch and Upa-Sarpanch, post of Sarpanch is prescribed for OBC category. It is not a matter of dispute that OBC category member is not available in the village panchayat and the post shall naturally go to Scheduled Tribe category. Sub-rule (4A) of Rule 2-A of the Bombay Village Panchayats (Sarpanch and UpaSarpanch Election) Rules, 1964, takes care of such contingencies. A statement has been made in the affidavit-in-reply

{2} wp611115.odt presented on behalf of Respondents No.1 to 3, that appropriate decision will be taken in consonance with sub-rule (4A) of Rule 2A of the Rules of 1964.

Writ petition stands disposed of by issuing directions to the Respondent-authorities to hold elections for Sarpanch and Upa-Sarpanch of the village panchayat in observance of procedure laid down in sub-rule (4A) of Rule 2A of the Bombay Village Panchayats (Sarpanch and Upa-Sarpanch Election) Rules, 1964. P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp611115