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A. S. CHANDURKAR, V. V. JOSHI
Gunwanta Pundlik Kale – Appellant
Versus
State of Maharastra – Respondent
JUDGMENT/ORDER
A.S.CHANDURKAR, J. - Rule. Rule made returnable forthwith and heard the learned counsel for the parties.
2. The issue raised in this writ petition filed under Article 226 of the Constitution of India is with regard to reservation in the Offices of Sarpanchas being provided in a manner that exceeds the limit permitted under the Statute and the law in that regard.
3. In the elections for the office of Sarpanch of Gram Panchayat Jalalkheda that were held in September-2018 the petitioner was elected to the post of Sarpanch. His term is to expire on the completion of tenure of five years. On 5/3/2020 the Rural Development Department published Notification in exercise of powers under Rule 2A(2) of the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Elections Rules, 1964 (for short, the Rules of 1964). The reservation prescribed for the offices of Sarpanchas in the entire State of Maharashtra was with regard to 24972 Gram Panchayats. Insofar as Nagpur District is concerned, the total number of Gram Panchayats was shown to be 768. Of the said 768 Gram Panchayats, 437 posts of Sarpanch were shown to be reserved while 331 posts were shown for the 'Open' category. Actin
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 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....
(1) Reservation for OBCs is only a “statutory” dispensation to be provided by State legislations unlike “constitutional” reservation regarding SCs/STs which is linked to proportion of population.(2) ....
The main legal principle established in the judgment is the interpretation and application of the 50% reservation limit for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in local sel....
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 obligation of the State to collect and collate contemporaneous data for the purpose of reservation of seats for the Backward Classes and the continuity of actions taken under the U.P. Rules despi....
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