KAVITA SAKHARAM CHAVAN Vs. COMMISSIONER KONKAN DIVISION

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India, is filed by a woman Sarpanch (who is the 1st petitioner herein) and two members of Village Panchayat (i. e. petitioners Nos. 2 and 3 in this petition ). This petition raises two questions concerning the interpretation of section 145 (1-A) of the Bombay Village Panchayats Act, 1958 (for short, "the said Act") and they are as follows :-

(2.) BEFORE we deal with these two questions, it is necessary to look into the background to this controversy. Part IX was introduced in the Constitution of India by the Constitution (Seventy-third) Amendment Act, 1992 with effect from 24th April, 1993. That was with a view to provide a constitutional status and protection to the village level panchayat. As per Article 243-D (3) from this Part IX, not less not one-third of the total number of seats to be filled by direct election in every panchayat were to be reserved for women. The second proviso to Article 243-D (4) provided that not less than one-third of the total number of offices of the Chairpersons in the Panchayats at each level shall be reserved for women. The relevant provisions of Article 243-D providing for reservation of seats on various counts and for women reads as follows :-

(3.) AS noted above, sub-article (4) of Article 243-D lays down that as far as the reservation of the offices of Chairpersons was concerned, that was to be provided in such manner as the legislature of a State may, by law, provide. As far as the State of Maharashtra is concerned, the Bombay Village Panchayats Act, 1958 is an Act in vogue governing the constitution of the Panchayat at the village level. This Act was amended subsequent to the amendment of the Constitution of India. Sub-section (d) was added in section 10 (2) in this Act to provide that one-third of the total number of seats to be filed in by direct election in a Panchayat shall be reserved for women and such seats shall be allotted by rotation to different wards in a Panchayat. Similarly, sub-section (c) was added in section 30 (4) to provide that one-third of the total number of offices of Sarpanch in the Panchayat shall be reserved for women. Sub-section (d) of section 10 (2) of the Bombay Village Panchayats Act, 1958 reads as follows :- (d) one-third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Panchayat shall be reserved for women and such seats shall be allotted by rotation to different wards in a panchayat. " the relevant portion of sub-section (4) (c) of section 30 of the Bombay Village Panchayats Act, 1958 reads as follows :-" (4) There shall be reservation in the offices of the Sarpanchas in the Panchayats for the members belonging to the Scheduled Castes, the Scheduled Tribes, the category of Backward class of citizens and women as follows :- (a ). . . . . . . . . . . . . . (b ). . . . . . . . . . . . . . (c) One-third of total number of offices of Sarpanchas (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) in the Panchayat shall be reserved for women.