SUJATA BHASKAR THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In view of notice for final disposal issued earlier, the learned counsel for the parties have been heard at length.

(2.) The challenge raised in this writ petition is to the reservation of the post of Sarpanch for candidates from Backward Class of citizens at Gram Panchayat, Isapur by draw of lots. Further challenge is also raised to the Notification dtd. 26/11/2021 by which the reservation for the post of Sarpanch from the Scheduled Tribes (women) category has been modified to Backward Class of citizens .

(3.) The petitioner no.1 is an elected member of Gram Panchayat, Isapur having contested the said elections from general female category. The petitioner no.2 is also an elected member of the Gram Panchayat from the Scheduled Tribes (female) category while the petitioner no.3 has been elected to the Gram Panchayat from the Backward Class of citizens (female) category. The Gram Panchayat consists of thirteen members and the post of Sarpanch was reserved for members from Scheduled Tribes (women) category. No candidate however was available at Gram Panchayat, Isapur who could fill in the post of Sarpanch from that category. The Collector therefore by his communication dtd. 26/10/2021 directed that the reservation for the post of Sarpanch be determined by drawing lots as per provisions of Rule 2A(4-A) of the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964 (for short, the Rules of 1964). This was to be done by following the provisions of Sec. 30 of the Maharashtra Village Panchayats Act, 1959 (for short, the Act of 1959). Accordingly a notice was issued by the Tahsildar convening a meeting of the members of the Gram Panchayat on 15/11/2021. In the meeting held on that date and after following the procedure prescribed by Rule 2A(4-A) of the Rules of 1964 after draw of lots amongst candidates from the Scheduled Castes Category and the Backward Class of citizens, the post of Sarpanch was reserved for Backward Class of citizens. The petitioners on 24/11/2021 made a representation in that regard to the Collector. On 26/11/2021 the change in the reservation as was earlier declared was effected. Thus the reservation of the post of Sarpanch for candidates from the Backward Class of citizens is challenged in this writ petition.