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"2-C. Power of the State Government to allot and rotate the reservation of offices of the President of Zilla Parishads for backward class -
(1) Subject to the provisions of clause (b) of sub-

section (2) of Section 42 of the Act, the State Government shall, by order, in the Official Gazette allot, and rotate the reservation of offices of President of Zilla Parishads (for every term) for the persons belonging to the category of Backward Class of Citizens (including Vimukta Jatis and Nomadic Tribes) by drawing lots amongst the Zilla Parishads Provided that while allotting such offices, the Scheduled Castes or the Scheduled Tribes shall be excluded:

122) were notified for the reservation of Scheduled Tribe as per notification dated 4.12.2019. In the year 2022, Nagpur, Ahmednagar, Bhandara, Palghar and Nandurbar are reserved for Scheduled Tribe category.

22. After allotment of reservation for Scheduled Castes and Scheduled Tribes, 9 Districts out of 34 have been excluded from consideration for rotating reservation of BCC. Under notification dated 4.12.2019, Thane, Sindhudurg, Sangli, wp_10615.22___wp_12328.22_2___1_.docx Kolhapur, Beed, Latur, Amrawati, Washim and Wardha seats were allocated for BCC reservation. Therefore, those Districts are excluded from consideration. As such, for current BCC reservations Raigad, Ratnagiri, Nasik, Jalgaon, Dhule, Pune, Satara, Solapur, Aurangabad, Jalna, Hingoli, Nanded, Osmanabad, Akola, Buldhana, Yavatmal, Gadchiroli and Gondiya i.e. total 18 Districts were available by rotation.

27. The mandate behind the Constitutional scheme under Article 243 D is to provide reservation to the seat of President of Zilla Parishad. Sub-clause (6) of Article 243-D enables the State to make provisions of reservation of the seats of Chairperson in Panchayats in favour of backward class of citizens. Section 42 of the Act of 1961 carries forward the purpose of constitutional mandate. Sub-section (6) of section 42 of Act provides that number of offices reserved shall be allotted by rotation to the Zilla Parishad in prescribed manner. The Maharashtra Zilla Parishads and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996 provides for manner of rotation of the seats. Rule 10 prescribes for manner of allotment and rotation of seats reserved for women. A combined reading of clause 2C and 2D of Rules of 1962 would show that while applying reservation for women, the offices reserved for the women in earlier terms wp_10615.22___wp_12328.22_2___1_.docx are required to be excluded until in all Zilla Parishads, reservation of the offices is given by the rotation.
28. If we consider the Rules in light of Legislative intent behind the Constitutional scheme, the rotation policy will have to be applied ensuring that reservations are not repeated in particular Zilla Parishads and must be rotated by excluding the Zilla Parishad, which during earlier elections were reserved for particular category until reservation to that category is rotated amongst all Zilla Parishads. It is also necessary to ensure that while drawing lots, the statutory scheme is made workable and not frustrated. It is trite that the Writ Court while examining allotment of reservation would ensure that the reservation is not thrust upon particular Zilla Parishad and all the Zilla Parishads will have rotation of reservation in office of President in accordance with the Rules of 1962. It is also trite that allotment of reservation is job of experts. Judicial review while entertaining the challenge would be limited to see that the process has been given effect in accordance with the Rules and the legislative intent behind providing for the reservation.