IMPORTANT POINT
The allotment of seats in Village Panchayat must be based on the latest census data, ensuring compliance with legal obligations for reservations for Scheduled Castes and Scheduled Tribes.

JUDGMENT :

1. A social worker as petitioner has filed this petition challenging the decision of respondent No.2 – The Collector dated 03.02.2022, whereby one seat has been allotted to Scheduled Tribe Caste (General) as a member, in Gram Panchayat of Village- Karnala in Ward No.8 of area Mujahidpura, Taluka- Vadgam, District- Banaskantha. It is also prayed that one seat allotted to Scheduled Tribe Cast in ward8 of Village- Karnala, be allotted to any other category instead of Scheduled tribe.

2. It is case of the petitioner that allotment of seat in Ward No.8 in Village: Karnala area of Mujahidpura, to Scheduled Tribe Caste is required to be cancelled because more persons of Scheduled Tribe Caste are not residing or staying in Ward No.8 area of Mujahidpura of Village: Karnala.

3. Facts in brief, as referred in the petition, are as under:

Respondent No.1 – Secretary, State Election Commission in exercise of powers conferred under Article 243(k) read with Section 16 of the Gujarat Panchayat Act, 1993 (“the Act, 1993” for short) issued Notification dated 07.09.1994. Under the said Notification, certain guidelines were issued which are required to be adhered by the Collector of the District while constituting wards of a Village Panchayat. According to the said guidelines, ward of each Village Panchayat shall be constituted in such a manner that population in all the wards shall as far as practicable be equal, in particulars, the population of a ward, shall not vary 10 percent in case of village panchayat from the average ward population of a village Panchayat. The respondent No.1 – Secretary thereafter, by letter dated 10.01.2022 issued guidelines regarding the allotment of seats as per the division of wards in Gram Panchayats. Accordingly, respondent No.2- The Collector by notification dated 03.02.2022 allotted 8 seats to the village: Karnala, Tal: Vadgam, District: Banaskantha. Out of 8 seats, one seat has been allotted to Scheduled tribe caste in Ward No.8 area of Mujahidpura in Village: Karnala. Since there is no population of Scheduled tribe caste residing or staying in Ward No.8 area of Mujahidpura in Village: Karnala, the present petition is filed challenging the decision/notification of respondent No.2-collector dated 03.02.2022.

4. Heard learned advocate Mr.Sunil Shah for the petitioner; learned advocate Ms.Aishvarya for respondent No.1; learned Assistant Government Pleader Mr. Dhawan Jayswal for respondent No.2 and learned advocate Mr.R.B.Thakor for respondent No.3.

5. Learned advocate Mr.Sunil Shah for the petitioner submitted that Notification dated 03.02.2022 issued by respondent No.2- Collector as State Election Commission Officer is erroneous and illegal because the same is against the Rules and Regulations issued on 10.01.2022. The notification is in violation of Article 14 of the Constitution of India. Learned advocate submitted that as referred in the petition, the allotment of seat is to be done as per the division of ward in Gram Panchayat. According to which, 8 seats have been allotted to Ward No.8 area of Mujahidpura of Village: Karnala and out of those 8 seats, one seat has been allotted to Scheduled tribe caste. The said allotment is illegal because there is no population of Scheduled tribe caste people in Village: Karnala area of Mujahidpura and in absence of any population of Scheduled tribe caste people, allotment of 1 seat to the said caste would create non-representation, which is contrary to the intent of the guidelines dated 10.01.2022. Since there is no such population of Scheduled tribe caste, the villagers’ made representation dated 16.02.2022 to the Chief Election Officer, however nothing has been done. Zero population of Scheduled tribe in area of Mujahidpura village Karnala is evident from Gram Panchayat Certificate dated 14.02.2022 (Annexure “D”).

6. Moreover, the respondent has erred in not appreciating that earlier there was a group Gram Panchayat consisting of 11 wards. In the year 2022, divi