In a writ petition challenging the reservation policy for the post of Sarpanch, the High Court at Aurangabad disposed of the petition without granting relief on merits, holding that the existing rotation policy was reasonable and proper.
No relief granted; writ petition disposed of without costs.
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.
1 986-wp 7916-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 7916 OF 2021
Ram Dharmaraj Jogdand
.. Petitioner
Versus
The State of Maharashtra and others
.. Respondents
Mr. S. B. Solanke, Advocate for the Petitioner.
Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1, 3 and 4.
Mr. A. B. Kadethankar, Advocate for Respondent No. 2.
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 29th September, 2021.
PER COURT:-
.Mr. Solanke, learned counsel for the petitioner submits that the
post of Sarpanch for village Bhatumba since 1995 was never reserved
for SC category. According to the learned counsel, the population of SC
category is 17.50% in the said Grampanchayat. The rotation policy is
not adhered to. Considering that the 17 posts are meant for SC
category at least one post for Sarpanch ought to have been reserved for
SC category.
2.Mr. Lakhotiya, learned A.G.P. submits that the post of Sarpanch
for village Bhatumba was reserved for SC (women) in the year 2000.
The villages shown at serial No. 91 to 109 of the list are reserved for
1 of 2
986-wp 7916-2021.odt
SC category for the period 2020-2025. Those villages were never
reserved for SC category, as such 50% of the said posts are reserved for
SC category and SC (women) category.
3. Considering the submissions, the rotation policy has to be adhered to. The villages which are now reserved for SC category and SC (women) category were never reserved for SC (male) or SC (female) for all these years from 1995. The rotation policy has been adhered to, which according to us is reasonable and proper.
4. Considering the above, no relief can be granted on the merits of the matter.
5. Writ petition is disposed of. No costs.
( R. N. LADDHA )( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
2 of 2
2 issues framed by the court
Whether the rotation policy reserve seats for Sarpanch in reserved category villages.
Whether the petitioner is entitled to reservation for the post of Sarpanch.
Ram Dharmaraj Jogdand
The State of Maharashtra
R. N. Laddha
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court