ATMARAM DNYANESHWAR FOKANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) By this Writ Petition, the Petitioner is seeking direct appointment to the post of Sarpanch of the Gram Panchayat- Ghoti (Kh), Taluka- Igatpuri, district Nashik. It is the Petitioner's case that due to the disqualification of the Sarpanch (Smt. Kokane) the post of Sarpanch became vacant hence he be appointed to the said post.

(3.) The facts of the Petition can be narrated in brief that the post of Sarpanch of Gram Panchayat- Ghoti (Kh) was reserved for the Other Backward Class ("OBC") category from the year 2019 to 2024. The Petitioner belongs to the Hindu Kunbi caste, which is recognised as OBC. Smt. Kokane (disqualified Sarpanch) also claimed to belong to the Kunbi caste i.e. of the OBC category. The Petitioner as well as Smt. Kokane contested the election for the post of Sarpanch of village Ghoti (Kh), which was held on 26th June, 2019. The Petitioner lost the election, whilst Smt. Kokane got elected for the post of Sarpanch, reserved for the OBC category.