Bramhadeo Tulshiram Ingle v. State Election Commission, Mumbai And 2 Others

wp1372-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Writ Petition No. 1372 of 2015 Shri Bramhadeo Tulshiram Ingle -Vrs.- State Election Commission, through its Commissioner, Mumbai & 2 others.

_____________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

______________________________________________________________ Shri R.D. Karode, advocate for petitioner.

Shri J.B. Kasat, Advocate for respondent no.1. Shri Rao, AGP for respondent no. 2.

CORAM : B.R. Gavai & Indira K. Jain, JJ.

DATED : 10th JULY, 2015 The petitioner has approached this court being aggrieved by non-reservation of seat for Scheduled Caste category in Grampanchayat Dongargaon. In reply filed on behalf of the respondents it is stated that only 55 persons belonging to Scheduled Caste are residing in the said village as against the total population of 1622. It is submitted that the percentage is only 0.30 and that unless the population is more than 0.50 of a particular category, reservation cannot be provided for that category.

Though it is submitted by the learned counsel for the petitioner that the figure is incorrect, it is to be noted that

wp1372-15.odt electorate roll is prepared on the basis of census and if the census was not correctly carried out, the petitioner would have raised objection.

In that view of the matter, we do not find any substance in the petition. The same is rejected. JUDGE JUDGE Hirekhan