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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
Balwantbhai Gokalbhai Vora – Appellant
Versus
The State Of Gujarat Notice To Be Served Through The Chief Secretary & 1 Others – Respondents
R/Special Civil Application No. 12612 of 2020
Decided on : 12-01-2021
Gujarat Taluka and District Panchayat Election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994 - Rule 4 to 6- to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents herein to revise the Preliminary Order by following/implementing the seat rotation policy and further be pleased to direct the Respondents to consider the allotment of Ratidevli (21) seat of Taluka Panchayat for general category candidate-
Finding of the Court:
It is not in dispute that the allotment of the seats are already decided in the year 2015 on the basis of the Census of 2011 which is same as stipulated in the order dated 01.10.2020. According to the seats to be allotted to the Vakaner Taluka Panchayat there are total 24 seats which comprises of Schedule Caste Category Woman– 1 seat, Schedule Tribe Category1 seat and two seats, comprising one for woman and one for general, for Socially and Educationally Backward Classes. Thus, 4 seats out of 24 are for reserved Category as per the Rules, 1994. Remaining 20 seats are to be allotted to General Category keeping reservation of 50% for women. Therefore, out of remaining 20 seats for General Category, ten seats in General Category for women are to be allotted and remaining ten seats are required to be allotted for General Category all. Accordingly, in the impugned order, ten seats for woman General Category are allotted on the basis of general serial numbers determined as per Rule 3 of Rules, 1994. Therefore, as general serial number 21 of village Ratidevli falls within first ten villages for which general category woman seat is required to be allotted as per Rules 7 and 8 of the Rules, 1994, the submissions made by learned advocate Mr.Mehta that for two consecutive terms, the seat cannot be reserved for woman candidate is not tenable and as per Rules, 1994, the seat is required to be allotted to general category and as per Rule 7 of the Rules, 1994, preference is to be given to woman. Rule 7 of the Rules 1994 clearly stipulates that the preference shall be given to allotment of seats reserved for the woman, rather than woman belonging to Schedule Cast, Schedule Tribe and Socially and Educationally Backward Classes. Therefore, according to the Rule 7 ten seats are to be allotted to woman out of the twenty seats and therefore the same is allotted by the State Election Commission as per general serial numbers given under Rule 3 of the Rules, 1994.
Result: Petition dismissed
ORDER :
1. Heard learned advocate Mr.M.J.Mehta for the petitioner, learned advocate Ms.Roopal Patel for the respondent No.2 and learned Assistant Government Pleader Mr.Ishan Joshi for the respondent-State through video conference.
2. By this petition under Article 226 of the Constitution of India, the petitioner has made the following prayers:
(B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents herein to revise the Preliminary Order dated 03/09/2020 (Annexure “A”) by following/implementing the seat rotation policy and further be pleased to direct the Respondents to consider the allotment of Ratidevli (21) seat of Taluka Panchayat for general category candidate.
(B1)Your Lordship may be pleased to quash and set aside the Final Order dated 01/10/2020 passed by the State Election Commission for Taluka Panchayat Election, Vakaner, District: Morbi at Annexure “E”.
(C) Your Lordship may be pleased to direct the respondents herein to follow rotation policy for the allotment of seats for Taluka Panchayat Election, Vankaner, District : Morbi especially seat of Ratidevli (21).
(D) Pending the hearing and final disposal of the present petition, Your Lordship may be pleased to direct the respondents herein not to publish the Final Order with regard to the allotment of seats for Taluka Panchayat Election, Vankaner, District: Morbi.
(D1)Pending admission, hearing and final disposal of this Petition, Your Lordship may be pleased to stay the further process of Taluka Panchayat Election, Vakaner, Morbi so far as the seats of Ratidevli (21) and Tithva (24) are concerned.
(E) Your Lordship may be pleased to pass such other and further reliefs which may deem fit and equitable in the interest of justice.”
3. The brief facts of the case are as under:
3.1. The petitioner is a resident of Village-Ratidevli, Taluka-Vankaner, District-Morbi. The petitioner is desirous to contest the election of Taluka Panchayat.
3.2. It is the case of the petitioner that on 3rd September, 2020, the State Election Commission-respondent No.2 published preliminary order with regard to the allotment of the seats for election of Vakaner Taluka Panchayat and in the said preliminary order, the seat for village Ratidevli has been reserved for ”Woman-General Category”.
The petitioner therefore, was aggrieved by the reserving the seat of village Ratidevlli for Woman-General Category on the ground that in the elections held in the year 2015 for Taluka Panchayat, seat of village Ratidevli was reserved for WomanSchedule Caste. According to the petitioner, the seat of village Ratidevli was reserved for woman continuously for second time whereas, seat for village Tithva has been allotted to General Category candidates in the year 2015 as well as in the year 2020 by the respondent No.2 and therefore, there is violation of seat rotation policy.
4. Learned advocate Mr.Mehta for the petitioner relied upon paragraph No.17 of the order dated 03.09.2020 passed by the State Election Commission wherein, it is mentioned that the State Election Commission will have to follow rotation policy while allotting the seats for Taluka Panchayat election. It was therefore submitted that it was incumbent upon respondent No.2 to allot seats through rotation and therefore, when in the year 2015, a seat for village Ratidevli was allotted to woman-Schedule Caste Category, in the year 2020, seat ought to have been allotted to General Category without reservation. Learned advocate Mr.Mehta referred to the paragraph Nos.17(B) and 17(D) of the impugned order dated 03.09.2020 to point out that while allotment of the seat, the State Election Commission ought to have kept in mind that the allotment of a seat for woman category may not be repeated continuously for second time.
5. Learned advocate Mr.Mehta would therefore submit that the action on part o
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