Petitioners challenged State Election Commission's failure to reserve SC seats in 2015 Village Panchayat Elections. Court dismissed petition noting SC population (0.33%) was below required 0.5% threshold per preceding year census.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
{1}
wp 3622.15.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.3622 OF 2015
Balasaheb Sambhaji Khillare & another
Petitioners
Versus
The State of Maharashtra and others
Respondents
Mr.P.M. Gaikwad advocate for the petitioners Mrs.S.A. Dhumal, AGP for Respondent No.1, 3 & 4 Mr. S.T. Shelke advocate for respondent No.2
CORAM : R.M. BORDE & V.K. JADHAV, JJ Dated : 23rd April, 2015.
PER COURT :-
1 The petitioner is making grievance, in respect of failure of State Election Commission to provide reservation for scheduled caste (SC) category, during the Village Panchayat Elections scheduled to be held in the year 2015.
2 It is contended that, the population of SC persons in the village is far more than what is reflected in the census data. During the census survey, conducted in the year 2001, the population of the SC individuals in the village was found to be 254, which is shown to be 53 in the year 2011. The petitioner contends that, there is no migration of the population from the village. It is contended that, the State Election Commission has committed a grave error in not prescribing a seat for SC category in the election.
wp 3622.15.odt
{2}
3 Learned counsel appearing for State Election Commission Shri ST Shelke states that, in view of the provisions of the Rules, the census figures of the year preceding the general elections, shall be the basis for prescribing reservation of the seats. The population of SC category people, in the village is 53, which comes to 0.33% of the total population. Seat for a particular category becomes available, if the population is above 0.5% out of the total population of the village. Since the population of the SC category is below 0.5%, the seat does not become available for the said category.
4 In view of the explanation tendered, the grievance raised by the petitioner, in the instant petition does not deserve consideration. Writ Petition stands dismissed.
5 It would be open for the petitioner to approach the appropriate authorities for correcting the mistake occurring in the census data, if any.
(V.K. JADHAV, J) (R.M.BORDE, J)
vbd
2 issues framed by the court
Whether failure of State Election Commission to provide reservation for scheduled caste category in Village Panchayat Elections is grievance deserving consideration.
Whether SC population exceeding census data validates claim for seat reservation when current figures are below 0.5% threshold.
Balasaheb Sambhaji Khillare & another
The State of Maharashtra
R.M. Borde
V.K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
