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A. S. CHANDURKAR, M. S. JAWALKAR
Sujata Bhaskar Thorat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
P. C.
In view of notice for final disposal issued earlier, the learned counsel for the parties have been heard at length.
2. The challenge raised in this writ petition is to the reservation of the post of Sarpanch for candidates from Backward Class of citizens at Gram Panchayat, Isapur by draw of lots. Further challenge is also raised to the Notification dated 26.11.2021 by which the reservation for the post of Sarpanch from the Scheduled Tribes (women) category has been modified to Backward Class of citizens.
3. The petitioner no.1 is an elected member of Gram Panchayat, Isapur having contested the said elections from general female category. The petitioner no.2 is also an elected member of the Gram Panchayat from the Scheduled Tribes (female) category while the petitioner no.3 has been elected to the Gram Panchayat from the Backward Class of citizens (female) category. The Gram Panchayat consists of thirteen members and the post of Sarpanch was reserved for members from Scheduled Tribes (women) category. No candidate however was available at Gram Panchayat, Isapur who could fill in the post of Sarpanch from that category. The Collector therefore by his communication dated
The main legal point established in the judgment is that the reservation for the post of Sarpanch was rightly determined by drawing lots from the members belonging to Scheduled Castes category and Ba....
The court established that the reservation for Sarpanchas in local bodies must adhere to the statutory limit of 50% as per the amended provisions of the Maharashtra Village Panchayats Act, 1959, and ....
The reservation and allotment of seats for Panchayat Elections must be made in accordance with the provisions of the Jharkhand Panchayat Raj Act, 2001 and the Jharkhand Panchayat Election Rules, 2001....
A Sarpanch removed by a motion of no-confidence is not statutorily barred from contesting a by-election for the same post under the Maharashtra Village Panchayats Act, 1959.
The main legal point established in the judgment is that reservation is with reference to the category/caste to which the person belongs and not the nature of the constituency from which they were el....
A constituency shall be reserved for backward classes only if the population of backward classes is greater than 5% of the total population in that particular constituency.
The main legal point established in the judgment is that the vacant post of Sarpanch, as per the amended second proviso to Section 43 of the Maharashtra Village Panchayats Act, must be filled by elec....
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