VINAYAKRAO GANGARAMJI DESHMUKH Vs. P C AGRAWAL

JUDGEMENT

(1.) HEARD Shri Baghel, the learned counsel for the petitioner and Shri Kukday, the learned Government Pleader, who accepts notice for the State.

(2.) THE respondent No. 4 was elected as a Sarpanch of the Village Panchayat Sanglood in Tahsil Daryapur, District Amravati. The post of Sarpanch of this Village Panchayat was reserved for the Scheduled Caste women category. Admittedly, the respondent No. 4 is lone member belonging to eligible category. The other members of the Village Panchayat brought a motion of no-confidence against the respondent No. 4 under Section 25 of the Bombay Village Panchayats Act, 1958 and removed her. The vacancy was notified and now it is being filled in.

(3.) THE petitioner makes a grievance that since the post of Sarpanch is reserved for the Scheduled Caste women category and the respondent No. 4 is a lone member belonging to that category. Her election is merely a formality. The petitioner further contends that a person, who is removed by expressing an opinion by vote of no-confidence, should not be allowed to contest the same post again, because it is likely that she will be again removed from the post after her election. It is further contended that the post of Sarpanch is a singular post in the structure of the Village Panchayat and therefore, it cannot be reserved for any category like Scheduled Caste, Scheduled Tribe or other Backward Class, since this would be an 100% reservation, depriving other sections of the Society from contesting this post.