MANGAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE are principally concerned in these two writ petitions with the interpretation of the amended provisions of section 67 (5) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 ("the Act" for short) and the rules framed thereunder providing for reservation to the posts of Chairperson in the Panchayat Samitis for the members belonging to the Scheduled Castes, the Scheduled Tribes, Backward Class of Citizens and women. These provisions are enacted by the State Legislature in order to carry out the constitutional mandate of Article 243-D of the Constitution of India as inserted by the 73rd Amendment to the Constitution. The short question which falls for our determination is this: When the post of Chairperson of a Panchayat Samiti is reserved for category of Other Backward Class woman, a member who got elected from woman general category at the Panchayat elections is eligible to contest for the post of Chairperson even if she belongs to Other Backward Class (OBC ).

(2.) THE facts giving rise to these petitions are simple and may be shortly stated. The elections to the Shrirampur Panchayat Samiti area were held on 2nd March, 1997. Out of 14 seats of Shrirampur Panchayat Samiti, 3 seats were reserved for the Scheduled Castes, of which one was reserved for Scheduled Caste woman. One seat was reserved for Scheduled Tribe and 4 seats were reserved for Other Backward Class. Out of the 4 seats which were reserved for Other Backward Class category, one seat was reserved for Other Backward Class woman. Then 3 seats were reserved for women general and the remaining 3 seats were general seats. The petitioner in Writ Petition No. 977 of 1997 Smt. Mangal Kachru Korde, who shall be hereinafter referred to as the petitioner, contested elections from Loni Khurd Other Backward Class woman constituency and declared elected. Smt. Kavita Vithal Raut, the respondent No. 4 in the said petition got elected from one of the three women general constituencies, namely, Nipani-Wadgaon constituency. (For the sake of convenience she will be hereafter referred to as the respondent No. 4)

(3.) ON 4th March, 1997 the Collector of Ahmednagar issued a notice convening a meeting of the Panchayat Samitis for electing Sabhapati (Chairperson) of Shrirampur Panchayat Samiti. It seems that both the petitioner and the respondent No. 4 filed their nomination papers for the post of Sabhapati. It is an admitted position that the respondent No. 4 was elected from woman general category and as far as the petitioner is concerned, she was elected from the constituency reserved for OBC woman. Naturally, the question arose as to whether the respondent No. 4, who got elected from general category, is entitled to contest the election of Sabhapati which was reserved for O. B. C. woman category. On 12th March, 1997, the Deputy Secretary, Rural and Water Conservation Department issued an order directing that, if the post of Chairperson in the Panchayat Samiti is reserved for a particular category and if the candidate belongs to that category, he should be allowed to contest the election even if he is elected at the Panchayat election from some other category.