GANPAT BAJIRAO JAGTAP Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged order dated 27th October, 2020 passed by the Collector, Pune by which his objection to the reservation of one seat of the Ward No.2 for the entire Grampanchayat of Village mouje Marunji, Tal. Mulshi, Dist. Pune for Scheduled Tribe is rejected

(2.) Mr.Sawant, the learned counsel for the petitioner pointed out that in the 2015 election, the same seat in the said Ward No.2 was reserved for the Scheduled Tribe category. He pointed out section 10 of the Maharashtra Village Panchayat Act (hereinafter referred to as "the said Act") and more particularly section 10(1) (b). He submitted that, the reservation has to be rotated to different wards in the panchayat and therefore the reservation of the said seat even for the 2020 election is illegal. As the respondents and the intervenors have relied on circular 22nd December, 2009 issued by the Maharashtra State Election Commission, he submitted that the said circular is only in the nature of the administrative order and that cannot be contrary to the provisions of the said Act and the rules framed thereunder, particularly, the Bombay Village Panchayats (Number of Members, Divisions Into Wards and Reservation of Seats), Rules 1966 (hereinafter referred to as "the said Rules"). He contended that the provisions of the said Act and the Rules clearly provide that the reservation of the seat shall be rotated and therefore the said circular which is contrary to the provisions of the said Act and the said Rules cannot be acted upon. He relied on the judgment of Hon'ble Supreme Court in the matter between State of U.P. & Others vs. Babu Ram Upadhya reported in 1961 (2) SCR 679 and particularly paragraph 23 of the same.

(3.) Mr.Thorat, learned A.G.P. relied on the circular dated 22 nd December, 2009 issued by the Maharashtra State Election Commission and particularly clause no.3 of the same. He submits that the reservation of the said seat is in accordance with the said circular and therefore there is no illegality in the impugned order.