Case Note & Summary
The case pertains to a writ petition filed by Jagarao Raising Ade and Sau. Raubai Bhikaji Landge challenging the judgment of the Civil Judge, Junior Division, Lonar, which partly allowed an election petition filed by respondent Nos.1 and 2, setting aside the election of the petitioners and ordering fresh elections. The general elections to the Gram Panchayat Sawargaon were held on 21-10-2012 for Ward No.2, where three members were to be elected: one seat reserved for Scheduled Caste (women), one for Other Backward Class, and one for Open (women). The results were declared on 22-10-2012, with petitioner No.1 elected from the OBC category and petitioner No.2 from the SC (women) category. Respondent Nos.1 and 2 filed an election petition under Section 15 of the Maharashtra Village Panchayats Act, 1958, challenging the election on the ground that the reservation rotation policy was not followed. The trial court partly allowed the petition, setting aside the election and ordering fresh elections. The petitioners challenged this decision in the High Court. The High Court examined the records and found that the reservation rotation was not implemented as per the policy, rendering the election invalid. The court held that the election petition was maintainable and the trial court's decision was correct. The writ petition was dismissed, and the trial court's order was upheld.
Headnote
A) Gram Panchayat Elections - Reservation Rotation Policy - Non-Compliance - The election of petitioners was challenged on the ground that the reservation of seats for Scheduled Caste (women) and Other Backward Class was not rotated as per the policy. The court examined the records and found that the reservation rotation was not followed, rendering the election invalid. Held that the election petition was maintainable and the election was rightly set aside (Paras 5-10). B) Election Petition - Maintainability - Section 15 Maharashtra Village Panchayats Act, 1958 - The court held that the election petition challenging the election on the ground of non-compliance with reservation rotation policy is maintainable. The petitioners' objection regarding maintainability was rejected (Para 5). C) Reservation Rotation - Mandatory Compliance - Section 12, 14 Maharashtra Village Panchayats Act, 1958 read with Rule 4 Bombay Village Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules, 1964 - The court held that the reservation rotation policy is mandatory and must be strictly followed. Failure to rotate reservations vitiates the election (Paras 6-9).
Issue of Consideration
Whether the election of the petitioners is liable to be set aside for non-compliance with the reservation rotation policy under the Maharashtra Village Panchayats Act, 1958 and the Rules framed thereunder.
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the Civil Judge, Junior Division, Lonar dated 15-4-2014, which set aside the election of the petitioners and ordered fresh elections.
Law Points
- Reservation rotation policy
- Gram Panchayat elections
- Section 15 Maharashtra Village Panchayats Act
- 1958
- Section 12 Maharashtra Village Panchayats Act
- Section 14 Maharashtra Village Panchayats Act
- Rule 4 Bombay Village Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules
- 1964
