SOU. JAYASHREE ASHOK BHUSARI Vs. COLLECTOR OF KOLHAPUR

JUDGEMENT

(1.) RULE . By consent Rule is made returnable forthwith. Heard parties.

(2.) BY the present petition, the petitioner seeks to impugn a meeting convened by the Collector of Kolhapur, Respondent No. 1 herein in the office of the Gadhinglaj Municipal Council for electing the President of the Gadhingiaj Municipal Council from amongst the backward class Councillors. It is the contention of the petitioner that the election to the post of President of the Council should be thrown open and should not be reserved for backward class Councillors.

(3.) IT is, however, contended on behalf of Respondents in the present writ petition as also the Petitioner in the civil application who is a Councillor belonging to the backward class that reservation of the post of President for backward class candidates is justified. Reliance is placed on Rule 2C of the Maharashtra Municipal Councils and Nagar Panchayats (President Election) Rules, 1981, as amended by (Amendment) Rules, 1996, hereinafter 'the said Rules'. Rule 2C provides as under :-