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25. The petitioner in Writ Petition No. 11880 of 2025 is a farmer by occupation and resident of Kasar-Amboli within Taluka Mulshi in the district of Pune. He states that he is an eligible voter for the forthcoming Zilla Parishad and Panchayat Samitis Elections of 2025. He seeks to challenge the Rotation of Reservation Rules, 2025 and, in particular, Rule XII thereof on the ground that the Rotation of Reservation Rules are inconsistent with Part-IX of the Constitution of India and the provisions of the MZPPS Act. The learned counsel for the petitioner contended that the introduction of Rule XII of the Rotation of Reservation Rules, 2025 to declare the forthcoming elections as the first election has arbitrarily disrupted the ongoing WP-11878-25 & group matters.doc cycle. It is submitted that Article 243-A of the Constitution of India which pertains to Gram Sabha ensures continuity and stability of tenure and proper functioning of the Zilla Parishads and Panchayat Samitis. Emphasizing the importance of representation in reserved seats, it is contended that the constitutional provisions must prevail over the statutory rules in case of any repugnancy. The learned counsel for the petitioner submitted that the whole object is to prevent favoritism and ensure periodic opportunity to under- represented groups across all the electoral wards and divisions but the purpose is frustrated by the introduction of Rule XII of the Rotation of Reservation Rules, 2025 which will perpetuate inequalities and hinder social justice.

WP-11878-25 & group matters.doc

29. Dr. Uday Warunjikar, the learned counsel for the petitioner submitted that Rule XII which provides that the forthcoming elections shall be the first election is contrary to the object and scheme under the rules for reservation. The purpose of rotation of seats for reservation is to provide equal and periodic opportunities to every electoral ward and division across categories of reservation. The Rotation of Reservation Rules, 2025 which superseded the Rotation of Reservation Rules, 1996 are similar in intent and structure but the introduction of Rule XII thereunder has changed the entire statutory regime. The learned counsel challenged the validity of Rule XII of the Rotation of Reservation Rules, 2025 on the ground that the said Rule has no force of law inasmuch as the Rules were not published in the Official Gazette and the Government of Maharashtra has failed to disclose sufficient reason for making previous publication of the Rules as a special situation. Moreover, the Rules have been published without following the procedure under section 274 of the MZPPS Act. Dr. Uday Warunjikar, the learned counsel for the petitioners in Writ Petition Nos. 13371 of 2025 and 13007 of 2025 referred to the decision in "Hindustan Bulk Carriers"8 and "Sultana Begum"9. He submitted that the order dated 16 th September 2025 passed in Special Leave to Appeal (C) No. 19756 of 2021 shall not constitute res judicata to entertain the present batch of writ petitions challenging the validity of Rule XII of the Rotation of Reservation Rules, 2025.

31. The guidelines for conduct of local body elections in the State of Maharashtra were published by the State Election Commission vide Government Resolution dated 12th June 2025. Soon thereafter, the Rotation of Reservation Rules, 2025 were published on 22 nd August 2025. Writ Petition No. 5062 of 2025 filed at Nagpur Bench challenging Rule XII of the Rotation of Reservation Rules, 2025 was dismissed on 19th September 2025. On 13th October 2025, the State Election Commission declared the reservation in electoral divisions/wards. The petitioner in Writ Petition No. 14892 of 2025 approached the Hon'ble Supreme Court in Writ Petition (C) No. 166 of 2025 challenging Rule XII of the Rotation of Reservation Rules, 2025 which was dismissed on 17 th October 2025. It is stated that the elections in the past for the Zilla Parishads and Panchayat Samitis were conducted pursuant to the Notification dated 30 th October 1996 and the rotation of reserved seats was followed in the electoral divisions as per the Rotation of Reservation Rules of 1996. It is stated that the rotation of reserved seats as per Rule IV of the Rules of 1996 Sanjay Ramdas Patil v. Sanjay & Ors.: (2021) 10 SCC 306.

34. The Rotation of Reservation Rules, 2025 have been framed by the State government in exercise of the powers under clauses (ii) and

(xiii) of sub-section (2) and proviso to sub-section (3) of section 274 of the MZPPS Act. Section 274 under Chapter XVII of the MZPPS Act is the rule making power of the State government for the purpose of carrying into effect the provisions of this Act. Proviso to sub-section (3) of section 274 of the MZPPS Act gives liberty to the State government to dispense with the requirement of previous publication of the Rules. It provides that if the State government is satisfied that the circumstances exist which render it necessary to take immediate action, it may dispense with the requirement of previous publication of the Rules to be made for the purposes of conduct of election under this Act. We do not find any malafide in enacting the Rotation of Reservation Rules, 2025. The Rotation of Reservation Rules, 1996 were framed in supersession of the Maharashtra Zilla Parishads Scheduled Castes and Scheduled Tribes (Manner of Reservation of Seats) Rules, 1985, the Maharashtra Panchayat Samitis Scheduled Castes and Scheduled Tribes (Manner of Reservation of Seats) Rules, 1985 and the Maharashtra Zilla Parishads and Panchayat Samitis (Manner of Rotation of Reservation of Seats for Women) Rules, 1990.