SUKHIYA LODHI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner is a resident of Village Kota-I, Tahsil Nowgaon, District Satna. Earlier he was Sarpanch of Gram Panchayat Kota-

(2.) THE State of Madhya Pradesh has enacted the Madhya Pradesh (Panchayat Raj Avam Gram Swaraj) Adhiniyam, 1993 (in short, "the Adhiniyam"). Its section 10 provides for the establishment of gram panchayat, janpad panchayat and zila panchayat and section 17 deals with the election of Sarpanch and Up-Sarpanch in every gram panchayats. Section 17 also provides for the reservation of seats of Sarpanchas of gram panchayats for scheduled castes and scheduled tribes by rotation in the prescribed manner.

(3.) THE State, in its return, has justified the reservation of the post of Sarpanch of Gram Panchayat Kota-I for scheduled tribes and also the election of respondent no.4 as Sarpanch. THE State Government has also submitted that the population of two persons of scheduled tribe in a gram panchayat cannot be treated as no population of scheduled tribes.