DEEPAK SHIVRAM PATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is assailing the decision of the respondents reserving the post of the President of Panchayat Samiti, Shrirampur for Other Backward Class category. The election to the same was scheduled in the meeting dated 18.11.2021. This Court on 17.11.2021 issued notice to respondent no.5 and had observed that, the meeting scheduled on 18.11.2021 for electing President of Panchayat Samiti, Shrirampur may proceed further, however, the result of the same may not be declared. It appears that, the meeting scheduled on 18.11.2021 had taken place, however, the result is not declared.

(2.) Mr. Thombre, learned counsel for the petitioner strenuously contends that, on 12.12.2019 and 30.12.2019 the Notification was issued for reserving the posts of President of Panchayat Samities in Ahmednagar district. As per the said Notification, out of 14 Panchayat Samities, 7 posts were reserved. 4 posts for O.B.C, 2 for S.C. and 1 for S.T. The elections thereafter took place. In case of Jamkhed Panchayat Samiti, the post of President was reserved for S.T. The candidate from S.T. category was not available. The lots were drawn and in the lots, the post went to O.B.C. The election for the post of President of 14 Panchayat Samities in the district of Ahmednagar took place. The post of President of Panchayat Samiti, Shrirampur was reserved for O.B.C. Subsequently, the President of Panchayat Samiti, Shrirampur was disqualified and now on 18.11.2021 the elections for the post of President of Panchayat Samiti, Shrirampur was scheduled.

(3.) The learned counsel further submits that, if the President of Panchayat Samiti, Shrirampur is to be elected from O.B.C. category, the same would exceed 27% reservation. The O.B.C. reservation cannot exceed beyond 27% under any circumstances. The learned counsel heavily relied upon the judgment of the Apex Court in a case of Vikas Kishanrao Gawali Vs. The State of Maharashtra and Others reported in (2021) 6 SCC 73. The learned counsel further submits that, the Apex Court in the said judgment has categorically observed that, view taken by it would apply with full force to the interpretation and application of the provisions of the stated Act(s) and the State Authorities must immediately move into action to take corrective and follow up measures in right earnest including to ensure that future elections to the concerned local bodies are conducted strictly in conformity with the exposition of this Court in K. Krishna Murthy and Ors. Vs. Union of India (UOI) and Ors. reported in (2010) 7 SCC 202 , for providing reservation in favour of OBCs. The Apex Court very specifically observed that, reservation of O.B.C. may be upto 27% meaning thereby that reservation cannot exceed even by a fraction of 27%.