FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1241 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. 2 This petition was heard alongwith Writ Petition Nos. 1168/2010, 1590/2010 and 1686/2010. The said petitions have been dismissed by passing separate orders today. 3 In the present petition under Article 226 of the Constitution of India, the petitioner seeks direction against the respondents – State Election Commission to reserve Ward No.20 - Ambedkar Nagar near N-7, CIDCO, Aurangabad for Scheduled Caste category. This relief is claimed on the assertion that substantial population of this Ward No.20 consists Backward Class. In paragraph 8 of the petition, it is stated that the majority i.e. 99% of population of ward No.20 belongs to Backward Class. 4 Even so, the question is whether the decision of the State Election Commission to reserve Ward No.20 for Other Backward Class category can be sustained. The State Election Commission has to reserve the wards for specified category by rotation. It is not in dispute that in the previous election the Ward No.20 was reserved for Scheduled Caste category. Considering the guiding document reflected in the order of the State Election Commission dated 10th July, 2009, to which, we have made reference in Writ Petition No.1168 of 2010, reservation has to be provided as per the norms specified therein. It is by rotation. Since Ward No.20 was reserved for Scheduled Caste category in the previous election, no fault can be found with the decision of the State Election Commission to reserve the said ward for Other Backward Class category. We are informed across the Bar by the Counsel for the Corporation that out of total 99 wards, 17 wards are reserved for Scheduled Caste category, one for Scheduled Tribe category, 27 for Other Backward Class category, 27 for women category and the remaining wards will be earmarked for Open Category. Considering the requirement of rotation of wards for reservation, no fault can be found with the decision of the State Election Commission in reserving Ward No.20 in the ensuing election for Other Backward Class category. The fact that majority of population in Ward No.20 belongs to Backward Class category, as stated in the petition, does not take the matter any further. We are satisfied that the reservation of Ward No.20 is in accord with the guiding document contained in the order passed by the State Election Commission dated 10th July, 2009. 5 In the circumstances, there is no merit in the petition and the same is dismissed. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 25.02.2010. PLK/*