Bombay High Court

REKHA PUNARAM JADHAVversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT AJIT B KADETHANKAR

Holding

Since the term of the Gram Panchayat had expired, the petition was deemed academic and was disposed of, with the Court remaining open to future proceedings on the matter.

Summary

The petition challenged the reservation of Gram Panchayat seats for the Scheduled Tribe (ST) category in villages where no ST persons reside, arguing that such reservation is unwarranted. Respondents contended that reservations are based on census data showing ST population in the area, and the State Election Commission must follow that data. The petition also questioned the validity of the 2016 election process. The Court observed that the term of the concerned Gram Panchayat had already expired, rendering the issue merely academic. Consequently, the Court disposed of the petition while leaving it open for the petitioner to approach the Court again if a similar issue arises in the future.

Issues considered

Whether reservation of Gram Panchayat seats for the Scheduled Tribe category is valid when no members of that category exist in the village
Whether the State Election Commission must base reservation on census data irrespective of actual presence of category members
Whether the challenge to the 2016 election process is maintainable after the term of the Gram Panchayat has ended

Subjects

Reservation
Gram Panchayat
Scheduled Tribe
Census
State Election Commission
Academic question
Writ petition

Judgment

                                    (1)                 36-WP-15105-2017


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  36 WRIT PETITION NO. 15105 OF 2017

                        Rekha Punaram Jadhav
                               VERSUS
                 The State Of Maharashtra And Others
                                   ...
Mr. Ravindra B. Ade, Advocate for the Petitioner.
Ms. Uma S. Bhosale, AGP for Respondent-State.
Mr. Sachindra Shetye (through VC) Advocate for Respondent No.2- State
Election Commission.

                                 CORAM : KISHORE C. SANT &
                                            AJIT B. KADETHANKAR, JJ.

                                 DATE     : 17th JUNE 2026.

PC :-

1.      Heard the parties.

2.      The issue involved in this petition is about non-availability of

persons of a particular category as member in the Gram Panchayat, and

still    reservation is provided for particular category. Though the

grievance appears to be genuine that in such villages where there is no

person belonging to scheduled tribe category, still the posts are reserved.

3.      It is submitted by the learned Advocate Mr. Shetye, appearing for
                                           (2)                36-WP-15105-2017


Respondent No.2 that the State Election Commission has to proceed as

per census report. In the census report, population of the schedule tribe

category is shown in these areas, and it is on that basis, the reservation

is provided. However, in the present writ petition, it is seen that the

election process of 2016 is under challenge.

4.           Considering that the term of the said Gram Panchayat is already

over, the question in the petition has become only an academic question.

The petition, therefore, needs to be disposed off by keeping it open for

the petitioner to approach this Court again when occasion arises.

5.           With this, writ petition stands disposed off.



[AJIT B. KADETHANKAR, J.]                              [KISHORE C. SANT, J.]


D.A.ETHAPE

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