Shri. Uttam Balu Bamane And ORS. v. The State Election Commission And ORS.

skn 1/3 9213.15­wp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9213 OF 2015 Shri Uttam Balu Bamane and others.

...

Petitioners.

V/s.

The State Election Commission and others.

...

Respondents.

D.D.Ranaware for the petitioner.

S.B.Shetye for respondent No.1.

Vikas Mali, AGP for the State.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

29th September 2015.

P.C.

It is an admitted fact that the election to the subject Gram Panchayat was already held on 7th August 2015. The petitioner's grievance is that since last three elections, no seat is reserved for the category of Schedule Caste (SC). Reliance is placed on article 243­D of the Constitution of India.

2.

The learned counsel appearing for the Election Commission submits that out of total population of 1423 the population of SC category is 49 (0.24%). 7 seats were allotted to this Gram Panchayat. Learned counsel for the Election Commission submits that for want of

skn 2/3 9213.15­wp.sxw adequate population of SC category, the seat could not be reserved for SC category.

3.

In view of explanation given, no interference is warranted. Petition stands dismissed.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..

skn 3/3 9213.15­wp.sxw CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order/order.