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MAUNA M. BHATT
Ibrahimbhai Rahimbhai Parbadiya – Appellant
Versus
Secretary, State Election Commission – Respondent
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 Distr
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.
Allotment of seats to others-The Election Commission shall after having allotted seat reserved for the Schedule Castes, Schedule Tribes and socially and educationally backward classes under rules 4, ....
The lottery for reservation was conducted in conformity with Rule 9 of the Rules of 1994 and subsequent notifications did not change the constituency of the reserved categories, thus no intervention ....
Point of Law : Article 243L of Constitution, would enable Union Territory to exceptions and modifications from other provisions of Constitution.
The right to contest elections in cooperative societies is statutory, and the court upheld the validity of existing bye-laws regarding seat reservations for S.C./S.T. without mandating specific const....
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