The High Court dismissed a writ petition challenging the seat allotment and rotation for OBC and Open categories in Palghar Village Panchayat elections. The court held the 2016 rotation was compliant and rejected the argument that rotation must be serial without express Rules.
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.
910WP 3166 OF 2016.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3166 OF 2016
Yatin Ganpat Lokhande .… Petitioner. V/s. State of Maharashtra and ors …. Respondents
Mrs. Neeta Karnik, for the Petitioner.
Mr. S. B.Shetye, for respondent No.1. Mr. V. M. Mali, A.G.P., for the Respondent-State.
CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ. DATE : 22nd MARCH, 2016.
P.C. :
the petitioner, Mr. S. B. Shetye, the learned counsel appearing for respondent No.2 and Mr. Mali, learned AGP appearing on behalf the State.
1
910WP 3166 OF 2016.doc
placed on record a comparative chart showing allotment of Seats for the election held in the year 2011 and for the election now declared in this year and pointed out that the rotation of the Seats reserved for OBC Female candidates, is not in accordance with the provisions of the Bombay Village Panchayat (Number of Members Divisions into Wards and Reservation of Seats), Rules 1966.
2
910WP 3166 OF 2016.doc
OBC Male. In the year 2016, as per rotation, Seat allotted to OBC Male is shifted to Ward No.3 and Seat allotted to OBC Female is shifted to Ward No.5. So far as Open category candidates are concerned, in the year 2011, one Seat each was allotted to this category from Ward Nos 5 and 6 respectively. In the year 2011, so far as Females from Open category are concerned, one Seat each was allotted to this category from ward Nos 5 and 6. In the ensuing election programme of 2016, one Seat each from Ward Nos 1, 3 and 5 has been allotted to the Female. So far as Open Male category is concerned, one Seat each is allotted to them from Ward Nos. 5 and 6.
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910WP 3166 OF 2016.doc
29th March, 2016 to 2nd April, 2016. The withdrawal of nomination forms is scheduled on 7th April, 2016.
this petition. The petition, therefore, is dismissed.
[DR. SHALINI PHANSALKAR-JOSHI, J.]
[RANJIT MORE, J.]
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2 issues framed by the court
Whether the rotation of reserved seats for OBC female candidates in the Village Panchayat elections was in accordance with the 1966 Rules.
Whether the requirement that seat rotation must be serial or clockwise has statutory backing absent explicit provision.
1 provisions across 1 enactments
Yatin Ganpat Lokhande
State of Maharashtra
Ranjit More
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
