Writ Petition Nos. 3196 and 3420 of 2016. Case: Sajid and Ors. Vs The State Election Commission, Maharashtra State and Ors.. Bombay High Court

Case Number:Writ Petition Nos. 3196 and 3420 of 2016
Party Name:Sajid and Ors. Vs The State Election Commission, Maharashtra State and Ors.
Counsel:For Appellant: P.V. Mandlik, Senior Advocate and For Respondents: S.T. Shelke, Advocate
Judges:S. V. Gangapurwala and A.I.S. Cheema, JJ.
Issue:Constitution of India - Article 226
Judgement Date:March 28, 2016
Court:Bombay High Court
 
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Judgment:

S. V. Gangapurwala, J.

  1. This Court had issued notice on 17.3.2016 and 23.3.2016. Mr. Kagne and Mr. Patil, learned A.G. Ps submit that necessary instructions are received from the Officers who are present in the Court.

  2. With the consent of the parties taken up for final hearing.

  3. Both these Writ Petitions are based on similar set of facts and involve common question of law, as such to avoid rigmarole are decided by common judgment.

  4. Mr. Mandlik, learned Senior counsel and Mr. Rakhunde, learned counsel for respective petitioners submit that the village Panchayat Waibazar, Tq. Mahur,Dist.Nanded and Village Panchayat Gokunda, Tq.Kinwat, Dist.Nanded are entirely scheduled areas. In case of Village Panchayat Waibazar, there are 13 seats, out of that 7 seats are reserved for Scheduled Tribe category and one seat is reserved for Scheduled Caste. As per Ist proviso to Section 10(2)(c) of the Maharashtra Village Panchayats Act, the reservation of the seats meant for Backward class of citizens shall be 27% of the seats remaining if any, after the reservation of the seats for Scheduled Tribes and Scheduled Caste. The learned counsel submits that in the present case while reserving the seats for other Backward class category, the Respondents have followed the provision of Section 10(2)(c) ignoring the proviso. According to them, the same is illegal. In Waibazar Village Panchayat, four seats are reserved for Backward class citizen and one for General category, whereas in Village Panchayat Gokunda, out of 17 seats, four seats are reserved for Backward class citizen, nine are reserved for Scheduled Tribe, four for Scheduled Caste and no seat is meant for open category candidate.

  5. Mr. Kagne and Mr. Patil, learned A.G. Ps. On instructions submit that Respondents have followed the provision embodied in Section 10(2)(c) of the Maharashtra Village Panchayats Act. Learned A.G. Ps further submit that the authorities have relied on the communication received from the office of the State Election Commission. Out of total number of seats, 27% seats are reserved for Backward class candidates. The same is legal and permissible.

  6. Mr. Shelke, learned counsel for Election Commission submits that Ist proviso to Section 10(2)(c) is also required to be followed while issuing the notification regarding reservation.

  7. We have considered the submissions canvassed by learned counsel for respective parties. Before we advert to the contentions of the learned...

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