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2022 Supreme(Bom) 376

SADHANA S. JADHAV, MANISH PITALE
Prasad Gaonkar, M. L. A. of Sanguem Constituency – Appellant
Versus
Election Commission of India, Through its Chief Election Commissioner, Nirvachan Sadan, Ashok Road, New Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. D. Lawande, Advocate with Mr. J. Mathew, Mr. A. Joglekar and Mr. A. Jamadar, Advocates
For the Respondent:Mr. S. R. Rivonkar, Senior Advocate with Mr. Rama Rivonkar, Advocate, Mr. Anil Singh, Additional Solicitor General with Mr. Pravin Faldessai, Assistant Solicitor General, Mr. Aditya Thakker and Mr. Raviraj Chodankar, Standing Counsel, Mr. D. Pangam, Advocate General with Mr. Deep Shirodkar, Additional Government Advocate

JUDGMENT :

Manish Pitale, J.

1. The Petitioners claim to be members of Scheduled Tribe communities in the State of Goa and they have approached this Court by filing the present Writ Petition, to seek a direction against the Respondents for implementation of reservation for Scheduled Tribe candidates in the Assembly Elections to take place this year in the State.

2. The Petitioner no.1 is a sitting member of the Legislative Assembly from Sanguem Constituency in the State of Goa, while the Petitioner nos. 2 to 5 are residents of Sanguem, Priol, Quepem, and Nuvem Assembly Constituencies in the State, who claim that maximum number of persons belonging to the Scheduled Tribes are residents of the said constituencies.

3. The principal grievance of the Petitioners is that the Scheduled Tribe population in the State of Goa has been deprived of the benefit of the Constitutional mandate under Article 332 of the Constitution for reservation of Legislative Assembly seats in Goa in proportion to the population of Schedule Tribes in the State. It is contended that the mandate of the Constitution has been violated repeatedly by the Respondents, despite representations made on behalf of the Scheduled

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