Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioner Subhash Chand Saini inter alia with the prayer that order dated 17.12.2014 passed by Sub -Divisional Officer, Surajgarh, reserving post of Sarpanch of Gram Panchayat Dalmiya Ki Dhani for Scheduled Caste, be quashed and set aside being illegal. Mr. Anuroop Singhi, learned counsel for the petitioner has referred to Notification dated 05.11.2014, whereby fresh determination was made with respect to boundaries of the Gram Panchayats and new Gram Panchayats were also formed. It is submitted that earlier Gram Panchayat Aduka was constituted of four villages namely Aduka, Dalmiya Ki Dhani, Brahminon Ki Dhani and Chouhano Ki Dhani and in the roster of the year 2010, it was reserved for Scheduled Caste, but now this Gram Panchayat was divided into two parts. Dalmiya Ki Dhani was constituted as fresh Gram Panchayat with Dalmiya Ki Dhani and Chauhano Ki Dhani as part thereof. Aduka was retained as independent Gram Panchayat with Brahamano Ki Dhani as part thereof. Learned counsel for the petitioner submitted that since in the earlier roster Gram Panchayat Aduka, as a whole, was reserved for Scheduled Caste, therefore, Dalmiya Ki Dhani, entire population of which was earlier part of Gram Panchayat Aduka, could not be again reserved for Scheduled Caste. Learned counsel for the petitioner has submitted that although the respondents earlier issued clarification in respect of a query made by District Collector, Bundi vide communication dated 12.12.2014 and by District Collector, Churu, but now the respondents have issued contrary guidelines in fresh communication dated 20.12.2014 and Gram Panchayat Dalmiya Ki Dhani has wrongly been reserved for Scheduled Caste.
(2.) MR . Anuroop Singhi, learned counsel for the petitioner referred to Rule 7 of the Rajasthan Panchayati Raj Elections Rules, 1994 and submitted that according to that rule, especially it's sub -rule (1), all the gram panchayats would be arranged in the order of population of Scheduled Caste in descending order and would be serially included in the lottery of reservation for the purpose of election. So far as Gram Panchayat Dalmiya Ki Dhani is concerned, it is a newly constituted Gram Panchayat and it has to be included in the roster afresh which is evident from the clarification dated 08.12.2014 issued by the respondents(Annexure -R/1). Mr. Anurag Sharma, learned Additional Advocate General appearing on behalf of the Respondents No. 1 to 3 and Mr. R.B. Mathur, learned counsel appearing on behalf of Respondent No. 4 both have submitted that the impugned order falls within the purview of delimitation notification attracting provisions of Article 243 -O(a) of the Constitution of India. It is also submitted that in the present case process of election has already commenced with the notification of election having been issued by the Respondent No. 4, State Election Commission on 03.01.2015. Learned counsels in support of their arguments have relied upon the decision dated 18.12.2014 delivered by the Division Bench of this Court in the case of Bhupendra Pratap Singh Rathore v. State of Rajasthan, D.B. Civil Writ Petition No. 12960/2014 decided along with 93 other Writ Petitions and decision dated 05.03.2009 rendered by this Court in the case of Kedar Nath Gupta v. State & Ors., S.B. Civil Writ Petition No. 2579/2009 decided along with 3 other connected writ petitions.
(3.) MR . Anuroop Singhi, learned counsel for the petitioner rejoined and submitted that Co -ordinate Bench of this Court at Principal Seat at Jodhpur in the case of Magna Ram v. State of Rajasthan & Ors., : WLC (Raj.) 2004 (4) 347 has held that Article 243 -O(a) of the Constitution of India does not bar jurisdiction of this Court under Article 226 of the Constitution of India, therefore, present writ petition ought to be entertained.;