Case Note & Summary
The petitioner, an elected member of Panchayat Samiti, Kallamb, challenged the order of the Collector, Osmanabad, dated 19th August 2014, which after draw of lots reserved the post of Chairman of Panchayat Samiti, Kallamb for Scheduled Caste (Women) category. The petitioner contended that the post was first reserved for Scheduled Caste category in 1996, again in 2011, and for the third time in 2014, thus violating the rotation principle under Rule 2E of the Maharashtra Zilla Parishads and Panchayat Samitis (Reservation of Offices and Election) Rules, 1962. The court examined the rule and found that the reservation for the same category in consecutive terms was impermissible. The court held that the draw of lots cannot override the statutory requirement of rotation among reserved categories. Consequently, the court quashed the impugned order and directed the respondents to conduct a fresh draw of lots for reservation of the post of Chairman in accordance with the rules, ensuring that the post is not reserved for the same category for a third consecutive term. The petition was allowed with no order as to costs.
Headnote
A) Panchayati Raj - Reservation of Offices - Rotation - Rule 2E of Maharashtra Zilla Parishads and Panchayat Samitis (Reservation of Offices and Election) Rules, 1962 - The post of Chairman of Panchayat Samiti, Kallamb was reserved for Scheduled Caste category in 1996, again in 2011, and for the third time in 2014 for Scheduled Caste (Women) - Held that reservation for the same category in consecutive terms violates the rotation principle under Rule 2E, which requires that after a term, the seat must be reserved for a different category - The draw of lots conducted on 19th August 2014 cannot override the statutory rotation requirement (Paras 2-5).
Issue of Consideration
Whether the reservation of the post of Chairman of Panchayat Samiti, Kallamb for Scheduled Caste (Women) category for the third consecutive term is valid under the Maharashtra Zilla Parishads and Panchayat Samitis (Reservation of Offices and Election) Rules, 1962.
Final Decision
The petition is allowed. The impugned order dated 19th August 2014 is quashed and set aside. The respondents are directed to conduct a fresh draw of lots for reservation of the post of Chairman of Panchayat Samiti, Kallamb in accordance with the Rules, ensuring that the post is not reserved for the same category for a third consecutive term. Rule made absolute. No order as to costs.
Law Points
- Reservation of offices of Chairman of Panchayat Samiti must follow rotation among reserved categories as per Rule 2E of the Maharashtra Zilla Parishads and Panchayat Samitis (Reservation of Offices and Election) Rules
- 1962
- Reservation for same category in consecutive terms is impermissible
- Draw of lots cannot override statutory rotation requirement
Case Details
2014 LawText (BOM) (09) 19
WRIT PETITION NO.7921 OF 2014
Mr.S.S.Thombre for petitioner, Mr.N.B.Patil A.G.P. for Respondents 1 to 3, Mr.S.T.Shelke for Respondent 4
Harichand s/o Gunwant Kumbhar
The State of Maharashtra, The Divisional Commissioner, District Collector, The State Election Commission
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Nature of Litigation
Writ petition challenging reservation of post of Chairman of Panchayat Samiti for Scheduled Caste (Women) category for third consecutive term.
Remedy Sought
Quashing of order dated 19th August 2014 reserving the post for Scheduled Caste (Women) and direction for fresh draw of lots.
Filing Reason
Violation of rotation principle under Rule 2E of the Rules, 1962 as the post was reserved for same category in 1996, 2011, and 2014.
Issues
Whether reservation of Chairman post for Scheduled Caste category for third consecutive term violates Rule 2E of the Maharashtra Zilla Parishads and Panchayat Samitis (Reservation of Offices and Election) Rules, 1962.
Submissions/Arguments
Petitioner argued that the post was reserved for Scheduled Caste category in 1996, again in 2011, and for the third time in 2014, violating the rotation rule.
Respondents did not contest the violation but relied on the draw of lots.
Ratio Decidendi
Reservation of offices of Chairman of Panchayat Samiti must follow rotation among reserved categories as per Rule 2E of the Maharashtra Zilla Parishads and Panchayat Samitis (Reservation of Offices and Election) Rules, 1962. Reservation for the same category in consecutive terms is impermissible, and a draw of lots cannot override the statutory rotation requirement.
Judgment Excerpts
The petitioner, who is an elected member of Panchayat Samiti, Kallamb, is raising exception to the order issued by the Collector, Osmanabad, prescribing reservation for the post of Chairman, Panchayat Samiti Kallamb in favour of Scheduled Caste (Women) category after draw of lots conducted on 19th August, 2014.
According to the petitioner, the post of Chairman of Panchayat Samiti, Kallamb, for the first time, was reserved for Scheduled Caste category in the year 1996 and after completion of rotation of seats for the reserved categories in all Panchayat Samitis in Osmanabad district, on second occasion, the seat of Chairman of Panchayat Samiti Kallamb was again reserved for Scheduled Caste category in the year 2011. On third occasion, the said post has again been earmarked for Scheduled Caste category and during draw of lots, same has been prescribed for woman member belonging to Scheduled Caste category.
Procedural History
The petitioner filed Writ Petition No.7921 of 2014 before the Bombay High Court, Aurangabad Bench, challenging the order of the Collector, Osmanabad dated 19th August 2014. The petition was heard on 12th September 2014 and allowed.
Acts & Sections
- Maharashtra Zilla Parishads and Panchayat Samitis (President, Vice-President and Chairman of Subjects Committees) and Panchayat Samitis (Chairman and Deputy Chairman) (Reservation of Offices and Election) Rules, 1962: Rule 2E
