The main legal point established in the judgment is that the State Election Commission must effectively implement the rotation policy for reserved seats in compliance with the constitutional and legal provisions for the Panchayat elections.

ORAL JUDGMENT Naresh H. Patil, J.:—1. Rule returnable forthwith. Respective respondents waive service of rule. The petitioners in this group of petitions in substance raise identical issue. Therefore, the petitions are heard together and are being decided by a common judgment and order.

2. The petitioners seek directions to respondents to follow rotation policy for the general elections to Panchayats in the State of Maharashtra to be held in the year 2007, in compliance with the Maharashtra Zilla Parishad and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996.

3. The learned Senior Counsel states that the State Election Commission under its supervision held 6 elections to Panchayats for the first time in the year 1997 and thereafter in the year 2002. The election held in the year 1997 was conducted after the Rotation Rules of 1996 were notified i.e. on 30-10-1996. The State Election Commission ought to have rotated the seats for the next election, which was held in the year 2002. In a proceeding of Writ Petition No.5386/2006, statement was made on behalf of State Election Commission on oath that the rotation policy will be followed in the next election. According to the learned senior counsel, substantial and vital time is lost by the Commission since after judgment and order passed by Division Bench of this Court in Writ Petition No.5386/2006 on 3-10-2006. The Special Leave Petition filed in the Supreme Court by the State Election Commission against the said judgment and order passed by the Division Bench of this Court was dismissed as withdrawn by an order dated 17-1-2007. The duration of the present Panchayats would expire on 20-3-2007. Therefore, in accordance with the constitutional mandate of Article 243-E, the State Election Commission shall hold election to constitute the Panchayat before expiry of its duration. The learned senior counsel further submitted that the State Election Commissioner’s version that in view of the delimitation of divisions, rotation of seats in accordance with the Rules of 1996 was not possible is not acceptable. The learned counsel submits that the view adopted by the Commission is not correct. In view of the provisions of law, the Rules of 1996 and the constitutional mandate, State Election Commission is equipped with enough powers to hold elections by giving true meaning to the intention of the Legislature and the constitutional provisions framed in this direction. The learned counsel states that if the State Election Commission fails to rotate the seats this time, even in the next general election to the Panchayats, the Commission would not be in a position to rotate the seats. The Commission need not wait till suitable rules according to the view of the Commission are framed by the State of Maharashtra. The Commission shall make endeavour and effort to hold elections by harmoniously construing the rules and exercising its powers conferred under the Constitution.

4. Affidavits-in-reply were filedby the contesting respondent. The stand of the State Election Commission is that the State Election Commission had undertaken delimitation of constituencies as per provisions of section 12 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter referred to as the "Act of 8 1961"). According to the Commission, the final census figures were available with the Commission in the year 2003 and based on the same, delimitation of the electoral division was done by the Commission. The Commission finds difficulty in rotating the reservation of seats in accordance with the Rules of 1996. The Commission has treated the present election to be the first election after delimitation of the electoral divisions after census figures of 2001 were made available. According to the learned counsel Shri. Shelke appearing for the Commission, the reserved seats were not rotated but the reservation was provided considering this election to be the first election after carving o

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