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2023 Supreme(Bom) 1644

Y. G. KHOBRAGADE, RAVINDRA V. GHUGE
Sow. Manjushatai Balaji Shete – Appellant
Versus
State of Maharashtra, Through its Secretary, Rural Development Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. Deshmukh Umakant B.
For the Respondents: Mr. P. S. Patil, AGP.

ORDER :

(Ravindra V. Ghuge, J.) :

1. Three persons are Petitioners before us, who are the elected members of the Grampanchayat Jambhala, Tq. Hadgaon Dist. Nanded. Respondent No.8 is the former Sarpanch of the said village, who suffered no confidence motion on 07.11.2023 by 3/4th majority. She was ousted. Thereafter, the post of Sarpanch has been put up for election scheduled on 14.12.2023. The post is reserved for ‘Scheduled Caste woman category’. Respondent No.8 is the only Scheduled Caste woman, amongst all the elected members of the Grampanchayat. This Petition has been filed by the Petitioners on an apprehension that she would again contest on 14th December, 2023 and being the sole Scheduled Caste Woman candidate, she would be again elected as a Sarpanch, unopposed.

2. The Petitioners submit that when Respondent No.8 Sarpanch was ousted by a no confidence motion, it would be unbecoming on her part to re-contest the election and under fortuitous circumstances, she would be surely elected, if she contests, as she is the only ‘Scheduled Caste woman’ elected member of the Grampanchayat. Reliance is placed upon the judgment of the learned Single Judge of the Punjab and Haryana High Cou

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