Case Note & Summary
The High Court of Judicature at Bombay, Bench at Aurangabad, heard two writ petitions under Article 226 of the Constitution of India challenging an order dated 30 September 2022 passed by the State of Maharashtra fixing reservation of seats of Presidents of Zilla Parishads for ensuing elections. The petitioners, residents of Dhule belonging to the Backward Class, contended that the notification reserved only 7 seats for Backward Class Citizens (BCC) out of 34 total Zilla Parishads, amounting to 20.58% reservation, whereas according to the Supreme Court directions and Banthia Commission report, 23.54% reservation was required, translating to 8 BCC seats. They further alleged that only 3 BCC women seats were reserved instead of the required 4 (50% of 8), and that women reservation was repeated at Sangli district, violating rotation rules. The petitioners also contended that the State failed to draw lots as mandated under Rules 2-B and 2-C of the Maharashtra Zilla Parishad (The President, Vice President and Chairmen of Subjects Committees) and Panchayat Samitis (Chairman and Deputy Chairman) Reservation of Offices and Election Rules, 1962, and that the allotment was arbitrary and capricious. The respondents, including the State of Maharashtra and the State Election Commission, argued that the reservation was fixed in accordance with the report of the dedicated Banthia Commission dated 7 July 2022 and the Supreme Court order dated 20 July 2022. They maintained that out of 34 posts, 4 seats were reserved for Scheduled Castes, 5 for Scheduled Tribes, and 7 for BCC as per the Commission's recommendations. They contended that rotation was applied by excluding districts reserved in earlier terms to avoid repetition, and that due process was followed. The court heard arguments from advocates for both sides, with the petitioners relying on several Supreme Court and High Court judgments on reservation and draw of lots. The judgment was reserved on 2 March 2023 and pronounced on 4 May 2023, but the available text ends before the final analysis and decision, so no operative holding is recorded in the extracted portion.
Headnote
A) Constitutional Law - Reservation in Panchayats - Article 243-D Constitution of India and Section 42, Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - Petition challenged notification reserving 7 BCC seats (20.58%) instead of 8 (23.54%) and 3 BCC women seats instead of 4, alleging violation of Supreme Court directions and statutory provisions; respondents contended allocation as per Banthia Commission report and rotation applied (Paras 3-5, 8). B) Election Law - Draw of Lots - Rules 2-B and 2-C, Maharashtra Zilla Parishad (President, Vice President and Chairmen of Subjects Committees) and Panchayat Samitis (Chairman and Deputy Chairman) Reservation of Offices and Election Rules, 1962 - Petitioners argued that fixation of BCC reservation without drawing lots is contrary to statutory mandate and Election Commission guidelines; respondents maintained due process followed with rotation (Paras 6, 9-10). C) Election Law - Rotation of Women Reservation - Rules 2-B and 2-D, 1962 Rules - Issue of repetition of women reservation at Sangli district; petitioners alleged non-adherence to rotation rules; respondents asserted earlier reserved districts were excluded to avoid repetition (Paras 5, 8-9). D) Judicial Review - Arbitrariness - Article 226 Constitution of India - Petitioners claimed arbitrary and capricious allotment to benefit particular persons and violation of rules; respondents denied any arbitrariness and stated fixation in tune with dedicated commission report (Paras 10-12). No final holding available in extracted text.
Issue of Consideration
Whether impugned notification dated 30.9.2022 fixing reservation of Zilla Parishad President seats violates Article 243-D, Section 42 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and Rules 2-B, 2-C, 2-D of 1962 Rules by allocating only 7 BCC seats instead of 8, only 3 BCC women seats instead of 4, repeating women reservation at Sangli and not drawing lots
Law Points
- Article 243-D Constitution of India mandates proportional reservation for SC/ST and enables BCC and women reservation
- Section 42 Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961 provides 27% BCC reservation with 50% women reservation and rotation
- reservation for BCC cannot exceed 50% total reservation including SC/ST as per Banthia Commission report
- draw of lots mandatory under Rules 2-B and 2-C of 1962 Rules
- rotation of women reservation must avoid repetition
- State must follow dedicated commission recommendations and Supreme Court directions
