GUNWANTA PUNDLIK KALE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The issue raised in this writ petition filed under Article 226 of the Constitution of India is with regard to reservation in the Offices of Sarpanchas being provided in a manner that exceeds the limit permitted under the Statute and the law in that regard.

(3.) In the elections for the office of Sarpanch of Gram Panchayat Jalalkheda that were held in September-2018 the petitioner was elected to the post of Sarpanch. His term is to expire on the completion of tenure of five years. On 5/3/2020 the Rural Development Department published Notification in exercise of powers under Rule 2A(2) of the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Elections Rules, 1964 (for short, the Rules of 1964). The reservation prescribed for the offices of Sarpanchas in the entire State of Maharashtra was with regard to 24972 Gram Panchayats. Insofar as Nagpur District is concerned, the total number of Gram Panchayats was shown to be 768. Of the said 768 Gram Panchayats, 437 posts of Sarpanch were shown to be reserved while 331 posts were shown for the 'Open' category. Acting on the aforesaid Notification, the Collector on 25/11/2020 issued a Notification under Rule 2A(3) and (4) of the Rules of 1964 indicating reservation in the offices of Sarpanchas in various Tahsils in the District of Nagpur based on census of 2011 for the period from 2020 to 2025. As stated above, out of 768 posts of 'Sarpanch' 437 posts were shown to be reserved for various categories of Backward Classes while 331 posts were for the Open category. After the present writ petition was filed on 19/7/2023 and reply of the State authorities including the State Election Commission was awaited, the State Election Commission on 3/10/2023 issued an order notifying the elections at various Gram Panchayats in the State of Maharashtra. As per the said order, the notice of the Gram Panchayat elections was published by the Tahsildar on 6/10/2023. This includes 365 Gram Panchayats in the District of Nagpur including Gram Panchayat Jalalkheda. By amending the writ petition, the petitioner has also challenged the order dtd. 3/10/2023 passed by the State Election Commission.