WP 5511/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5511/2011 Najemali Taher Ali Shaha & two others V/s The State of Maharashtra & two others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri V.D. Hon, Advocate for petitioners. Shri N.B. Khandare, AGP for respondent nos.1 to 3. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 16.08.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final hearing with the consent of learned counsel for the parties. By way of present petition, the petitioners are raising a grievance that though the elections to the Grampanchayat have taken place and though the Grampanchayat is duly constituted, the post of Sarpanch cannot be filled in inasmuch as the post is reserved for scheduled tribe woman and there is no candidate available WP 5511/11 2 from scheduled tribe woman category. The learned Government Pleader states that the Election Commission has prescribed the guidelines, which provide that unless a village has a population of 0.50 of a particular category, the post of a member cannot be reserved for that category. It is a matter of common logic that if a candidate from a particular category is not available, the post of Sarpanch should not be reserved for such category. No law is required to understand this basic aspect of the matter. In that view of the matter, the reservation of the post of Sarpanch in the Grampanchayat of Alapur-Rampur- Palaskheda (Bk.) Tq.Bhokardan Dist.Jalna, from scheduled tribe woman category is quashed and set aside. The respondent nos. 2 & 3 are directed to take a decision within a period of one week from today as to whether any reservation is required to be provided or not in the said Grampanchayat for the post of Sarpanch. If any such reservation is to be WP 5511/11 3 provided, the decision shall be taken by them as to for which category the reservation is to be provided, within a period of one week from today. It is needless to state that the respondent no.3 shall immediately hold the elections for the post of Sarpanch thereafter. Rule is made absolute in the aforesaid terms with costs, which are quantified at Rs. 10,000/- (rupees ten thousands only) to be paid by the State Government to the Legal Aid Services Authority at Aurangabad Bench within a period of two weeks from today. If the respondent – State finds that any officer is responsible for the lapse on the part of the State, the State would be at liberty to fix the responsibility on such officer and recover the cost from him. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 16.08.2011 ndk/c168118