VIKAS KISHANRAO GAWALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These writ petitions under Article 32 of the Constitution of India seek a declaration that Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961[1] is ultra vires the provisions of Articles 243-D and 243-T including Articles 14 and 16 of the Constitution of India. In addition, the validity of the notifications dated 27.7.2018 and 14.2.2020 issued by the State Election Commission, Maharashtra providing for reservation exceeding 50 per cent in respect of Zilla Parishads and Panchayat Samitis of districts Washim, Akola, Nagpur and Bhandara have been questioned and it is prayed that the same be quashed and set aside. A district wise chart has been presented to illustrate the excess reserved percentage and seats (more than aggregate 50 per cent of total seats), in some of the districts, which reads thus:

(2.) The conundrum in these matters revolves around the exposition of the Constitution Bench of this Court in K. Krishna Murthy (Dr.) and Ors. v. Union of India and Anr., (2010) 7 SCC 202. Relying on the dictum in the said decision, the petitioners would urge that it is no more open to the respondents to reserve more than 50 per cent (aggregate) seats in the concerned local bodies by providing reservation for Scheduled Castes[3] /Scheduled Tribes[4] /Other Backward Classes[5]. Whereas, the respondent-State would urge that the stated decision recognises that it is permissible to reserve seats for OBCs to the extent permissible in the 1961 Act. Further, in exceptional situation, the reservation for SCs/STs/OBCs in the concerned local bodies (Zilla Parishads and Panchayat Samitis) could exceed even 50 per cent of the total seats. This is the central issue to be dealt with in the present writ petitions.

(3.) The provision in the form of Section 12 of the 1961 Act enables the respondents to reserve 27 per cent of seats in the concerned Zilla Parishads and Panchayat Samitis. Section 12 of the 1961 Act is reproduced hereunder: