Case Note & Summary
The petitioner, Shri Raju s/o Fakirba Muley, filed a writ petition challenging the reservation of the Masrul constituency for Other Backward Class (Woman) for the 2017 elections. The petitioner contended that in the last four elections, the Masrul constituency had been reserved for women in 2002 and 2007, and again in 2017, while other constituencies like Dongaon, Pimpalgaon Kale, and Chandurbiswa had only one reservation for women. The petitioner relied on Instruction No. 5.1 of the State Election Commission dated 18.08.2016, which mandates consideration of the previous three elections for rotation. The respondents argued that Rule 6 of the Maharashtra Zilla Parishad and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996 only requires consideration of the immediate previous election. The court examined the facts and found that Masrul had been reserved for women in 2002 and 2007, and in 2012 it was reserved for Scheduled Tribe. The court held that Instruction No. 5.1, which considers the previous three elections, must be followed to ensure proper rotation. Since Masrul had already been reserved for women twice in the last three elections, the reservation for 2017 was unsustainable. The court quashed the reservation and directed the respondents to reconsider the reservation in accordance with the instructions.
Headnote
A) Local Government - Reservation Rotation - Consideration of Previous Elections - Instruction No. 5.1 of State Election Commission vs. Rule 6 of Maharashtra Zilla Parishad and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996 - The court considered whether reservation for women in Masrul constituency for 2017 elections was valid. The petitioner argued that reservation had been provided in Masrul in 2002 and 2007, and again in 2017, while other constituencies had only one reservation in the last four elections. The court held that Instruction No. 5.1, which requires consideration of previous three elections, must be followed, and the reservation in Masrul was unsustainable as it violated the rotation principle. (Paras 2-7)
Issue of Consideration
Whether the reservation of the Masrul constituency for Other Backward Class (Woman) for the 2017 elections is valid, considering the principle of rotation and the instructions of the State Election Commission.
Final Decision
The court quashed the reservation of Masrul constituency for Other Backward Class (Woman) for the 2017 elections and directed the respondents to reconsider the reservation in accordance with Instruction No. 5.1 of the State Election Commission.
Law Points
- Reservation rotation
- consideration of previous three elections
- interpretation of statutory rules vs. executive instructions
- Maharashtra Zilla Parishad and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules
- 1996
- Rule 6
- State Election Commission Instructions
