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2017 DAILYLAW 2828 (BOM)

REKHA PUNARAM JADHAV v. THE STATE OF MAHARASHTRA AND OTHERS

WP/15105/2017 · 2026-06-17

Shri Ajit B Kadethankar, Shri Kishore C Sant

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Judgment text

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( 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