KIRAN GULABRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Both the writ petitions are taken up together for final hearing at admission stage by consent of the parties.

(2.) The petitioners have approached this court under 226 of constitution of India raising common challenge to the order dtd. 30/9/2022 passed by the State of Maharashtra, thereby fixing the reservation to the seats of Presidents of respective Zilla Parishads for ensuing elections. The petitioners claim to be residents of Dhule and belong to the Backward Class. Broadly, the grounds of challenge to the impugned order can be summarized thus :-

(3.) The contention of the petitioners is that Article 243-D of the Constitution of India provides for reservation of seats in Panchayats for Scheduled Castes and Scheduled Tribes in proportion to their population. Similarly, it enables reservation to BCC and Women. The Constitutional mandate has been carried forward under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short referred to as 'Act of 1961'). Sec. 42 of the Act provides for reservation of seats of SC and ST in proportion to their population. It enables 27% reservation for BCC with provision of 50% reservation of all seats in such category for women. The reservation is to be applied by rotation. State Election Commission is empowered to issue guidelines for holding of the elections to Zilla Parishads and Panchayat Samitis in accordance with the reservations provided for the respective categories.