Petitioners challenging reservation of a seat for Scheduled Tribes (woman) in a Gram Panchayat sought reversal based on a contradictory Patwari report. The Bench dismissed the challenge as immaterial.
Writ Petition dismissed with no order as to costs.
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23.03.wp.5804.14.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITIION NO, 5804 /2014 (Shri Milind s/o Shankarraio Nichal and another vs. The State of Maharashtra and others )
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
................................................................................................................................................................... Mr. V.G. Bhamburkar, Adv. for petitioners Mr. K.L.Dharmadhikari, A.G.P. for respondents 1 to 4 Respondent no.5 served.
CORAM : SMT.VASANTI A. NAIK & A.M.BADAR, JJ. DATED : 23rd March, 2015.
Heard.
By this petition, the petitioners challenge the action of the respondents in reserving one seat in favour of Scheduled Tribes (woman) category.
According to the petitioners who claim to be the voters in the Gram Panchayat, Kalgawhan, one seat in Ward No.1 could not have been reserved in favour of Scheduled Tribes (woman). It is stated that as per the report of the Patwari, there were only three persons belonging to Scheduled Tribes in the village; whereas in Ward No.1 there is only one voter in the S.T. Category.
We however find, on a reading of the Writ Petition and the affidavit-in-reply filed on behalf of the
23.03.wp.5804.14.
respondents, that according to the report which is relied on, while granting reservation for S.T. (woman), the Scheduled Tribes population of 113, and the total population of the village of 1408 was considered. We do not find any reason to interfere with the decision of reserving one seat for S.T.(woman) by making a reference to the contradictory report, which is subsequently furnished by the Patwari .
In the result, the Writ Petition fails and is dismissed, with no order as to costs.
JUDGEJUDGE
sahare
1 issue framed by the court
Whether the reservation of one seat for Scheduled Tribes (woman) in Ward No.1 is maintainable given the population data used versus the contradictory Patwari report?
1 provisions across 1 enactments
Milind s/o Shankarraio Nichal and another
The State of Maharashtra and others
Vasanti A. Naik
A.M. Badar
As recorded by the court registry
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