IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5502 OF 2005 ---------------------------------------------------------------------- Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ---------------------------------------------------------------------- Mr.Amit Sale for the Petitioner. Mr.C.R. Sonawane, A.G.P. for Respondents Nos.1 to 3. Mr.P.D. Dalvi for the Intervenors. CORAM : H.L. GOKHALE & MRS. R.S. DALVI, JJ. DATE : 30TH AUGUST 2005 P.C. P.C. P.C. : 1. Heard the learned counsel for the parties. 2. Rule. Rule is made returnable forthwith. All the learned counsel are heard. 3. The petition is filed making a submission that there cannot be a reservation in the post of Sarpanch once the reservation is made in the earlier period. Reliance is placed on second proviso to sub-rule (4) of Rule 2A of the Bombay Village Panchayat (Sarpanch and Upa-Sarpanch) Election Rules, 1964. This second proviso lays down that while rotating the offices in the subsequent elections, the panchayats, where such offices were already reserved in the earlier elections for women of various categories, shall be excluded until in all such panchayats reservation of offices is given by rotation. Mr.Sale for the Petitioner submits that in view of the fact that there was reservation for women during the last 5 years, there cannot be reservation this time for the Other Backward Class. He relies upon a judgment of a Division Bench in Writ Petition No.3314 of 2000 wherein this plea was accepted. 4. Mr.Dalvi, learned counsel for the Intervenors, submits that on the last occasion the reservation was for women in general and, in his submission, this cannot be said to be reservation. It is not possible to accept this submission. The reservation for women of all categories or from the general background is also a kind of reservation as against men and, therefore, when this rule is looked at, the way it is framed, there cannot be reservation in the subsequent years. 5. In the circumstances, we allow this petition and direct the Respondents to correct the relevant notification for the election to the post of Sarpanch in this village. The Collector will take necessary steps within about 3 weeks. 6. Rule is made absolute as above. (H.L. GOKHALE, J.) (MRS. R.S. iDALVI, J.)