1 WP NO.4700-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4700 OF 2010 Rajkumar Vijaykumar Patil ..Petitioner. V/s. The Collector, Solapur & Ors. ..Respondents. Mr. Surel Shah for petitioner. Mrs. M.P. Thakur, A.G.P. for respondent Nos.1 & 4. Mr. Sachindra B. Shetye for respondent No.2 Mr. S.P. Thorat for respondent No.3. CORAM : B.H. MARLAPALLE AND U.D.SALVI, JJ. DATED : 4TH OCTOBER, 2010 P.C. :- 1. We have heard the learned counsel for the petitioner. We have perused both the affidavits in reply filed by the Tahsildar, Malshiras and the Election Officer. 2. The reservation of seats for the elections of Borgaon village panchayat is sought to be challenged in this petition. 2 WP NO.4700-10 3. The said village has population of about 5,809 and it has 5 wards with a total of 13 seats in the last Village Panchayat Elections held in the year 2005. There is in all 5 seats reserved for Scheduled Caste, four seats reserved for O.B.C. and 4 seats for open. In the coming elections to be held within two months, the same number has been maintained for S.C., O.B.C. and General while rearranging the wards as per the rotation required to be undertaken. The following chart gives the reorganization of wards and also a substantial population of the Scheduled Caste for some of the Wards:- Ward No. Population in 2005 Population in 2010 S.C. members in 2005 S.C. members in 2010 Number of seats to be elected (2005) Number of seats to be elected (2010) 1 1519 1193 767 767 3 2 2 1278 1217 71 71 3 3 3 1324 1229 490 490 3 3 4 810 1187 660 660 3 3 5 983 983 71 71 2 2 4. Mr. Shah has taken us through the Scheme of Section 10 of the Bombay Village Panchayat Act as well as Rule 4 of the Bombay Village Panchayat (Number of Members, Division into Wards and Reservation of Seats) Rules, 1966. The affidavit submitted by the Election Officer states that out of total population of 5809 divided by 13 (No. of members), each seat would have about 447 voters on an average and keeping that ratio in mind the reservation for SC has been 3 WP NO.4700-10 made in some of the wards. For example, in Ward No.1, there is total population of 1193 out of which the population of SC Is 767 and, therefore, both the seats have been reserved for SC. The explanation does not appear to be in breach of Section 10 of the Bombay Village Panchayat Act read with Rule 4 of the Reservations Rules so as to call for any interference under Article 226 of the Constitution of India. 5. Hence the petition is rejected. (U.D.SALVI, J.) (B.H. MARLAPALLE, J.)