VIKRAMSING JALAMSING WALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As described in petition paragraph 2 and prayer clause (B), the Petitioners have approached this court for a relief of writ of mandamus or any other appropriate writ, order or direction in the like nature, directing Respondents-authorities and more particularly Respondent No.2-State Election Commission to give effect to and strictly comply with The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (henceforth referred to as "PESA" for the sake of brevity), during ensuing elections of Zilla Parishads and Panchayat Samitis, pertaining to Dhule and Nandurbar Districts.

(2.) PESA, an Act of Parliament, received assent of the President, on 24th December 1996 and the objects and reasons for enacting the same can be read in the preamble which runs thus;

(3.) Both the Petitioners claimed to be residents of declared Scheduled Areas. Petitioner No. 1 was elected as a member of Panchayat Samiti from Dhanora constituency and consequently, he was also elected as Chairman of Panchayat Samiti, Nandurbar. Both these seats were reserved for Scheduled Tribe category in the last election. Petitioner No. 2 is Sarpanch of village Mohagaon, a seat reserved for Scheduled Tribe category. Petitioners are desirous of contesting forthcoming elections of Zilla Parishad and Panchayat Samiti, from the respective constituencies. (They are residents of village Dhanora and Mohagaon). According to Petitioners, Article 243-D prescribes reservation of seats for S.C. and S.T. in every Panchayat and the number of seats so reserved, are required to bear as nearly as may be, the same proportion to the total of seats to be filled in, by direct election in that Panchayat, as the population of Scheduled Caste/Schedule Tribe in the Panchayat Area bears to total population of that area. (To describe in brief, reservation according to population ratio). One-third of the seats so reserved, are further required to be reserved for women belonging to the respective categories.