3011wp5049.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5049 OF 2009 (MANDATAI W/O VITTHALRAO POHANKAR & ANOTHER VS. THE STATE OF MAHARASHTRA & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Anand Parchure, Advocate for the petitioners. Mr. N. W. Sambre, Government Pleader for respondents. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 30th NOVEMBER, 2009. 1. Heard. 2. Mr. Parchure, learned Counsel for the petitioners has submitted that the lots, which was drawn on 30/7/2009 insofar as the election of Chairman of Panchayat Samittee, Nagpur District is concerned, it is consistent with the provisions of rule, particularly Rule 2F (2)(a) and 2(b) of the Maharashtra Zilla Parishads (President, Vice-President and Chairmen of Subjects Committees) & Panchayat Samitis (Chairman & Deputy Chairman) (Reservation of Officers and Election) Rules, 1962. It is contended that the lots which were drawn so far as Chairman of Kalmeshwar Panchayat Samiti was concerned, the seat went to Other Backwad Class (Woman) and the seat of Nagpur (rural) went to Scheduled Caste (Woman) as per the lots drawn on 30/7/2009. However, for no apparent reason, this arrangement which was consistent with the above referred rules, was sought to be changed by the respondents, and therefore, the petitioners were required to approach this Court by filing the present writ petition. 3011wp5049.09.odt 2/2 3. Mr. Sambre, learned Government Pleader disputed the contentions canvassed by the learned Counsel for the petitioners and tried to justify the action of the respondents on the ground that in 2007 the seat so far as Bhiwapur Panchayat Samiti is concerned was reserved for Scheduled Caste category in view of the order of this Court passed in writ petition No. 5242 of 2004, and therefore, it cannot be kept reserve consecutively for the said category in 2009, which was not taken into consideration while drawing lots on 30/7/2009, and therefore, the lots which were drawn on 30/7/2009 were not according to the procedure and law, hence, the respondents undertaken the procedure afresh in this regard. 4. After hearing both the parties at length, during the course of the argument, Mr. Sambre, learned Government Pleader was instructed by Mr. Avinash J. Katade, Deputy Election Officer, Nagpur District, who is personally present in the Court, that he is ready and willing to proceed with the election of Chairman of Panchayat Samiti on the basis of lots which were drawn on 30/7/2009. 5. In view of the statement made by Mr. Sambre, learned Government Pleader, on the basis of instructions given by Mr. Katade, Dy. Election Officer, Mr. Parchure, learned Counsel for the petitioners seeks permission to withdraw the present petition. 6. In the circumstances, permission granted. Writ petition is disposed of as withdrawn accordingly. JUDGE JUDGE wwl