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2016 Supreme(Bom) 427

S.V.GANGAPURWALA, A.I.S.CHEEMA
Sajid – Appellant
Versus
State Election Commission – Respondent


Advocates:
Advocate Appeared:
Mr. P.V. Mandlik, Senior advocate for the petitioners.
Mr. S.T. Shelke, advocate for Respondent No.1.
Mr. V.M. Kagane, A.G.P for the State

JUDGMENT

(Per 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 reservin

























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