VITTHAL DATTU GORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, rule made returnable forthwith. By consent of the learned counsel for the parties taken up for hearing.

(2.) The petitioner is elected member of the Panchayat Samiti Dharur, District Beed. The Panchayat Samiti consists of 6 members. The election of Panchayat Samiti, Dharur for the six seats was held in February, 2007 according to the petitioner. In the month of March, 2007 election to the office of the Chairman of the Panchayat Samiti was held for a period of two and half years. Due to operation of Code of Conduct for the Assembly elections, the election for the office of the Chairman was not held in October, 2009. A programme was published by respondent No. 2 - Collector on 4-11-2009 and in the Official Gazette of the State of Maharashtra dated 11-11-2009 thereby fixing the reservation of offices of the Chairmen of 11 Panchayat Samitis in Beed District. The petitioner contends that the office of the Chairman of the Panchayat Samiti Dharur was reserved for candidate belonging to Scheduled Tribe.

(3.) The Member of the Panchayat Samiti belonging to Scheduled Tribe category was not available. Therefore the respondent No. 2 - Collector in view of the provisions of Maharashtra Zilla Parishads (President, Vice-President and Chairmen of Subjects Committee) and Panchayat Samitis (Chairman and Deputy Chairman) (Reservation of Offices and Election) Rules, 1962 (for short, "the Rules") dereserved the office of the Chairman of the Panchayat Samiti by an order dated 4-11-2009 which was published in Official Gazette dated 11-1-2009.