ANANT GANU GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel Shri Pradhan for petitioner; Shri Bagla, A.G.P. for respondent nos.1 to 3 and Shri Gavanekar for respondent nos. 4 to 9.

(2.) RULE . By Consent rule made returnable forthwith and heard Counsel.

(3.) ON April 20, 1995, the election was held for the purpose of electing the members of the group gram panchayat Gorsai-Sawande in accordance with the provisions of the Bombay Village Panchayat Act, 1958. 9 members were elected out of which 3 were reserved for ladies and 1 seat was reserved for scheduled caste member. On 21st March, 1996 Tahsildar, Bhiwandi issued a notice for the election to the post of Sarpanch of the said gram panchayat. Writ petition No.1896 of 1996 was filed by one Balkrishna Vithal Thakare in this Court challenging the validity of the said notice dated 21st March, 1996 on the ground that reservation of the post of Sarpanch for a Scheduled caste candidate was not permissible in accordance with law. It was contended that Art 243 of the Constitution appearing in para IX dealing with the panchayats was violative of the provisions of Art.19(1)(a) of the Constitution. This Court dismissed the said petition on 16th October, 1996.