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[2026:RJ-JP:40481]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19981/2026 CNR: RJHC020958872026 | URN: CW / 41699U / 2026

1. Satish Kumar Sharma S/o Shri Omprakash, Aged About

64 Years, R/o Village Manchi, Post Gunta, Tehsil Bansur, District Kotputli Behror (Rajasthan) 301402.

2. Malaram Gurjar S/o Shri Hari Ram Gurjar, Aged About 32 Years, R/o Village Manchi, Post Gunta, Tehsil Bansur, District Kotputli Behror (Rajasthan) 301402.

3. Ravi Kumar Sharma S/o Shri Satish Kumar Sharma, Aged About 43 Years, R/o Village Manchi, Post Gunta, Tehsil Bansur, District Kotputli Behror (Rajasthan) 301402.

4. Anil Kumar Sharma S/o Shri Amichand Sharma, Aged About 36 Years, R/o Village Manchi, Post Gunta, Tehsil Bansur, District Kotputli Behror (Rajasthan) 301402.

5. Sahil Sharma S/o Shri Mukesh Sharma, Aged About 25 Years, R/o Village Manchi, Post Gunta, Tehsil Bansur, District Kotputli Behror (Rajasthan) 301402.

6. Bhagirath Gurjar S/o Shri Bhoura Ram, Aged About 52 Years, R/o Village Manchi, Post Gunta, Tehsil Bansur, District Kotputli Behror (Rajasthan) 301402.

----Petitioners Versus

1. State of Rajasthan, through The Principal Secretary, Department of Rural Development and Panchayati Raj, Government Secretariat, Jaipur.

2. State Election Commission, Rajasthan, through its Secretary, Government Secretariat, Jaipur.

3. The District Collector and District Election Officer (Panchayat), District Kotputli Behror (Rajasthan).

4. The Sub Divisional Officer and Authorised Officer, Panchayat Samiti Bansur, District Kotputli Behror (Rajasthan).

----Respondents For Petitioners : Mr. Punit Singhvi Advocate with Mr.

Pankaj Yadav Advocate, Mr. Ajay S. Rathore Advocate, Mr. Ishan Verma Advocate, Mr. Naman Dadhich Advocate and Ms. Shraddha Mehta Advocate.

For Respondents : Mr. Kapil Prakash Mathur Additional Advocate General with Mr. Ashutosh Udawat Advocate and Mr. Prateek Saxena Advocate.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

REPORTABLE 01/10/2026

1. The petitioners have filed this writ petition to challenge legality, validity and propriety of order dated 24.09.2026 issued by the Sub-Divisional Officer, Bansur, whereby while exercising powers under the Rajasthan Panchayati Raj (Election) Rules, 1994, the office of Sarpanch, Gram Panchayat Manchi, has been reserved for OBC (Woman).

2. Principal grievance raised by the petitioners is that in the preceding Panchayati Raj elections of 2020, the same office was reserved for SC (Woman) and, therefore, its reservation again for a woman in 2026 violates the constitutional and statutory requirement of rotation under Article 243D of the Constitution of India and as well as provisions of the Rajasthan Panchayati Raj Act, 1994 (hereinafter to be referred as ‘the Act of 1994’) and the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter to be referred as ‘the Rules of 1994’).

3. It is stated by the petitioners that the impugned reservation was made through a lottery without disclosure of the roster, eligible pool or proceedings and without excluding Gram Panchayats which had already been reserved for women in 2020. The petitioners further alleged violation of Articles 243D of the Constitution of India and pleaded lack of transparency and failure to consider their representation. It has also been stated that the lottery cannot override the mandatory rule of rotation and since the election process has not yet commenced, the challenge to the reservation order is maintainable under Article 226 of the Constitution of India.

4. In view of above, the petitioners accordingly prayed for quashing of the reservation of seat at Gram Panchayat Manchi for OBC (Woman), and a declaration has also been sought to the effect that the aforesaid seat ought to be kept unreserved in general elections of Panchayati Raj Institutions, 2026 in view of the previous reservation of SC (Woman) category, or alternatively a fresh, transparent lottery should have been drawn strictly in a