IBRAHIMBHAI RAHIMBHAI PARBADIYA Vs. SECRETARY, STATE ELECTION COMMISSION

JUDGEMENT

(1.) A social worker as petitioner has filed this petition challenging the decision of respondent No.2 ' The Collector dtd. 3/2/2022, 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 ward-8 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 Sec. 16 of the Gujarat Panchayat Act, 1993 ('the Act, 1993' for short) issued Notification dtd. 7/9/1994. 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 dtd. 10/1/2022 issued guidelines regarding the allotment of seats as per the division of wards in Gram Panchayats. Accordingly, respondent No.2- The Collector by notification dtd. 3/2/2022 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 dtd. 3/2/2022.