1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5199 OF 2010 Hanmant s/o Saibu Mokanpalle and anr. .. Petitioners Versus The State of Maharashtra and ors. ..Respondents Mr.B.N.Patil, Advocate for petitioners Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1, 3 & 4 Mr.S.T.Shelke, Advocate for respondent No.2 Mr.V.S.Panpatte, Advocate for respondent No.5 CORAM : P.V.HARDAS AND N.D.DESHPANDE, JJ. DATE : 9th August 2010 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioners challenge the reservation of seats for the three wards of Grampanchayat Dongaon (Kd), Taluka Biloli, District Nanded. 2. The grievance of the petitioners is that in the notification dated 31.5.2010, in respect of Ward No.1, one seat is reserved for Scheduled Caste while one seat is reserved for Scheduled Tribe and one seat is reserved for Other Backward Class. No seat is available for candidates belonging to general/open category. In respect of Ward No.2, out of three seats one is reserved for Other Backward Class while two seats are available for candidates belonging to the open category. In respect of Ward No.3 all the three seats have been reserved for scheduled caste 2 candidates. The grievance of the petitioner, therefore, is that as per the rules, one seat for open category candidates at least ought to have been provided in each of the ward. 3. On notice being issued to the respondents, the respondents have filed their affidavit-in-reply. In the affidavit in reply, it is pointed out that the population of village Dongaon (Kd) is 1652 and the said panchayat is entitled for nine seats. The village is divided into three wards. Three seats are available for each of the ward. It is stated that the total scheduled caste population in the village is 737 and, therefore, four seats are admissible to the candidates belonging to the scheduled caste category. It is stated that Scheduled Tribe population in the village is 155 and, therefore, one seat is allotted for Scheduled Tribe category candidates and two seats have been allotted for Other Backward Class candidates as per the statutory provisions. In that light of the matter, therefore, only two seats are available for allotment of seats for candidates to the general/open category. 4. It is, no doubt, true that the rule states that one seat should be made available for open/general category candidates in each of the ward. However, in the light of the total population of the Scheduled Caste category and the Scheduled Tribe category, it is not practicable to allot one seat in each of the ward. 3 5. We have considered the rival submissions advanced by the learned Counsel for the parties and according to us, there is no merit in the petition and the petition is, therefore, summarily dismissed with no orders as to costs. ( N.D.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/5199.10wp)