Swaraj S/O Dilip Thote vs State of Maharashtra, Thr. Secretary, Rural Development Dept., Mumbai and Ors.

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2025:BHC-NAG:10090-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 5517 OF 2025

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Swaraj s/o Dilip Thote, Aged about 23 years, Occ. Agriculture, R/o Tq. Balapur, District Akola …... PETITIONER

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...V E R S U S...

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State of Maharashtra, through Secretary Rural Development Department, Mantralaya Mumbai 32

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The Divisional Commissioner, Amravati Division Amravati, Tq. And District Amravati 3. The Collector Akola, District Akola, Office of Collector, Taluka and District Akola 4. The State Election Commission through State Election Commissioner, Having office at First floor, New Administrative Building Hutatma Rajguru Chowk, Mumbai 32. .....RESPONDENTS ---------------------------------------------------------------------------------------------------Mr. Prakash Tiwari, Advocate for petitioner. Mr. N.S. Rao, AGP for respondent Nos 1 to 3/State. Mr. Amit M. Kukday, Advocate for respondent No. 4. ----------------------------------------------------------------------------------------------------

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CORAM:- ANIL S. KILOR, & RAJNISH R. VYAS, JJ.

DATED : 30.09.2025

Belkhede, PS

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JUDGMENT ( Per : Rajnish R. Vyas )

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We have heard learned counsel Mr. Prakash Tiwari, for petitioner, learned AGP Mr. N.S. Rao, for respondent Nos 1 to 3/State and learned counsel Mr. Amit M. Kukday, for respondent No. 4.

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By way of this petition, the petitioner has prayed to this Court to direct respondent No.1 to decide representation dated 01-09-2025. A prayer is also made to direct respondent No. 1 to take immediate step to ensure that while preparing final list of reservation for women for the ongoing general election of Zilla Parishad, Akola, policy of rotation be followed, more particularly, the order dated 11-06-2024 passed by the Commissioner, State Election Commission be implemented.

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By way of order dated 11-06-2024, the State Election Commission, Maharashtra has observed that while preparing final list of allotment for providing reservation for women, care should be taken that constituencies where such seats were already reserved in earlier elections for women shall be excluded until such reservation is given to all the electoral constituencies by rotation.

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Belkhede, PS

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It is pertinent to mention here that issue regarding delimitation and consequent changes in the reservation of seats is dealt with at length by this Court in Writ Petition No. 5061/2025 decided on 19-09-2025, relevant paragraph of the aforesaid judgment is reproduced herein below:

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“24. At this stage, it submitted that though delimitation is challenged on the ground of arbitrariness, nothing has been produced to prove the same except the argument that it would not complete the earlier rotation. The point to be noted is that the exercise which has been conducted by the State Government has not either abrogated the principle of rotation or deprived any reserved category. No one can claim any right as regard reservation of any seat. Further, nothing is brought on record to show that there is any violation as regards the reservation of policy. We are conscious of the fact that the last census has been conducted but it can also not be ignored that since then there is change in percentage of population”.

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In view of the aforesaid observations, it is crystal clear that now the boundaries of various constituencies have changed and it would be too early to say that particular seat would be reserved for particular category. Thus, the communication – order dated 11-06-2024 will have to be looked into in the aforesaid background and the provisions of the Maharashtra Zilla Parishads and Panchayat Samitis (Manner and Rotation of Reservation of Seats) of Rules, 2025 due to delimitation,

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Belkhede, PS

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boundaries of constituencies are changed.

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In view of the discussion supra, we are not inclined to interfere with the petition, more particularly, for the reasons advanced in Writ Petition No. 5061/2025. The petition is dismissed. No costs.

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(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.)

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Belkhede, PS

Swaraj S/O Dilip Thote v. State of Maharashtra, Thr. Secretary, Rural Development Dept., Mumbai and Ors.

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Swaraj S/O Dilip Thote v. State of Maharashtra, Thr. Secretary, Rural Development Dept., Mumbai and Ors.

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