Gujarat High Court
Ashokbhai vs State
Author: D.H.Waghela
Bench: D.H.Waghela
SCA/1661/2012 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1661 of 2012 With SPECIAL CIVIL APPLICATION No. 1662 of 2012 With SPECIAL CIVIL APPLICATION No. 1663 of 2012 ========================================================= ASHOKBHAI AMRATBHAI DESAI - Petitioner(s) Versus STATE OF GUJARAT THRO THE SECRETARY & 3 - Respondent(s) ========================================================= Appearance : MR NP CHAUDHARY for Petitioner(s) : 1,MRTUSHARCHAUDHARY for Petitioner(s) : 1, MR MAULIK G. NANAVATI, ASST. GOVERNMENT PLEADER for Respondent(s): 1, NOTICE SERVED BY DS for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA and HONOURABLE MR.JUSTICE MOHINDER PAL Date : 22/03/2012 ORAL ORDER
(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. These petitions have been argued together, being related to allotment of seats of Sarpanch for the candidates in the category of Socially and Educationally Backward Class. The petitioners claim that they belong to that class and their grievance in substance is that the posts of Sarpanch in Villages : Sankhari, Vaghasar and Anavada in Taluka & District : Patan, are not being reserved, since last three elections, for SEBC candidates.
2. By filing affidavit of the Resident Additional Collector, it is stated that the respondent by relying upon the census figures of the year 2001, reserved all seats for the purpose of Sarpanch for the year 2006 in terms of the provisions of Gujarat Gram Panchayat Sarpanch Elections(Sarpanch Reservation by Rotation) Rules, 1994. The Gram Panchayat General Elections were held in December, 2011, and thereafter, seats including the reserved seats for Sarpanch, as per the census of the year 2001 are determined by the Collector in accordance with the aforesaid Rules and rotation order dated 4th August, 2011, as amended by order dated 22nd September, 2011, were published. In December, 2011, 27 village Gram Panchayat General Elections were held. The election for remaining 107 villages may be held in April, 2012. The procedure to allot reserved seats for Sarpanch is followed, as per the provisions of Gujarat Gram Panchayat Sarpanch Elections(Sarpanch Reservation by Rotation) Rules, 1994. The seats for SEBC category are allotted as per the present roster and in accordance with the Rule-7(3) of the relevant Rules. In view of the limited quota of 10 per cent for reserving seats of Sarpanch of SEBC and by operation of Rules-4, 5 and 6 of the aforesaid Rules, the villages in question in the present petition could not be provided with reserved seats for SEBC for the purpose of post of Sarpanch. It was also submitted that in the remaining two petitions seats were already reserved for Scheduled Caste candidates, as per the appropriate order of rotation.
3. Learned AGP, Mr. Nanavati, appearing for respondent No.1-State pointed out from the statement at "ANNEXURE-A" to the petition and "ANNEXURE-I" to the reply affidavit of respondent No.3, the order in which reservation was provided from previous election to the present election and after perusal of the same no illegality in either allotment of the seats or rotation of reservation could be pointed out for the petitioners. Therefore, all the petitions are liable to be rejected and accordingly DISMISSED. No order as to costs.
(D.H. WAGHELA, J.) (MOHINDER PAL, J.) Umesh/