DILIP RAMCHANDRA MORE Vs. COLLECTOR OF THANE

JUDGEMENT

(1.) THOUGH the grievance of the petitioners appears to be justified, it appears that they are left without any remedy. This is in respect of ensuing elections to the Gram Panchayat Mahalunge which falls in a scheduled area. The Collector, on 12th of August, 1997, published a notice reserving seats for Scheduled Caste, Scheduled Tribe and backward class candidates. He has reserved one seat for Scheduled Caste, four seats for Scheduled Tribe, one seat for OBC woman and one seat for woman in open category. As far as the aforesaid Gram Panchayat is concerned, the total electorate, it is pointed out, consists of 340 voters. However, there are no members belonging either to Scheduled Caste or Scheduled Tribe in the aforesaid Gram Panchayat area. The aforesaid reservation, it is apparent, has been made in view of amended section 10 of The Bombay Village Panchayats Act, 1958. The provision of Section 10 in so far as is relevant, provides as under :

(2.) PETITIONERS contend that reservation of one seat for Scheduled Castes and four seats for Scheduled Tribes is meaningless in view of the fact that none of the voters in the aforesaid area belong to that category. The ensuing elections, therefore, will be meaningless. Even if this be so, we find that Article 243 'O' of the Constitution is a clear bar to the maintainability of the Petition. Article 243-O (a) in so far as is relevant reads as under :