Rameshwar Prasad vs State Of Rajasthan And Ors

This Court had directed the counsel for the petitioner to serve copy of the writ petition to Ms. Sheetal Mirdha, Addl. Advocate General on 15.01.2020

and she had sought time to file short reply and the matter was posted for 17.01.2020 i.e. today.

Ms. Sheetal Mirdha, learned Addl. Advocate General submitted that the respondents need to file reply and seek proper instructions from Officer In-

charge with respect to allegations levelled in the present petition with regard to the reservation of the post of Sarpanch of Gram Panchayat

Mahanandpura Dyoda, Panchayat Samiti Gangapurcity, District Swaimadhopur.

Mr. Nikhil Simlote, Adv. who is present in the Court is directed to accept notice on behalf of Mr. R.B. Mathur, Adv. Copy of the writ petition may be

supplied to him.

Learned counsel for the petitioner submitted that the controversy in the present writ petition is with regard to the wrong reservation in favour of

Scheduled Caste Category for Gram Panchayat Mahanandpura Dyoda, as the roster point was applied by the respondents for the said seat of

Sarpanch and in the roster point, the seat of Sarpanch of Gram Panchayat Mahanandpura Dyoda in 1995-2000 was allotted to the General Category

and in 2005-2015 it was allotted to Scheduled Tribe and in 2010 it was allotted to Scheduled Caste Category.

Counsel for the petitioner submitted that after draw of lots when the said seat of Sarpanch of Gram Panchayat Mahanandpura Dyoda was allotted to

Scheduled Caste candidates again in coming election of 2020, the objection was filed before the SDM, Gangapurcity and the objection has been

rejected by holding that there has been no representation of Scheduled Caste candidates in Gram Panchayat Mahanandpura Dyoda on the post of

Sarpanch as such recommendation was made to reserve the post for Scheduled Caste candidates. The reasons assigned by the SDO while deciding

the objection was in respect of election of 2010 where a candidate of Scheduled Caste was elected but such elected candidate was found to be

possessing wrong certificate of caste and as such caste certificate of elected candidate was set- aside.

Counsel for the petitioner submitted that once election was conducted in the year 2010 and the post of Sarpanch was occupied by a candidate

belonging to Scheduled Caste and as such it cannot be said that the post of Sarpanch was never represented by Scheduled Caste candidate.

Counsel for the petitioner submitted that this Court needs to protect the right of the petitioner and may pass interim order to the same effect.

Counsel submitted that there is necessity of protecting right of the petitioner as election notification is likely to be issued by the respondents in a day or

two.

Learned Addl. Advocate General, Ms. Sheetal Mirdha submitted that the petition has been filed after inordinate delay on 08.01.2020 and the rejection

of representation was passed by the SDO on 23.12.2019 and asking for interim relief at this juncture and interference in the election process will not

be in the fitness of things.

Learned Addl. Advocate General further submitted that the issue with regard to earmarking the seat for Scheduled Caste candidate is not only in

respect of Gram Panchayat Mahanandpura Dyoda, there are total 44 Gram Panchayats in Panchayat Samiti Gangapurcity and passing of interim

order will in fact affect the election process of entire 44 Gram Panchayats of Panchayat Samiti Gangapurcity.

Learned Addl. Advocate General further submitted that the process of allotment of seat by way of draw of lottery has already been undertaken after

due care and reservation has been provided as per Rules.

I have heard the learned counsel for the parties and perused the material available on record.

This Court finds that in normal course the Court is not required to pass interim order in the matter of election and in particular where the election

programme is declared by the Election Commission and further filing of nomination, etc. begins.

In the present case, till date no notification for conducting election in Panchayat Samiti Gangapurcity has been issued and as such this Court

considering the grievance raised by the petitioner, deems it proper to pass the interim order.

This Court, prima facie finds that the reasoning assigned by the SDO while rejecting the objections of the petitioner is due to non-representation of the

Scheduled Caste candidates in last 25 years in Gram Panchayat Mahanandpura Dyoda, however election of one candidate was set-aside in the year

2010 but same does not amount to not giving representation to candidate of Scheduled Caste category and on this reasoning, the representation of the

petitioner has apparently been decided by the SDO without considering the position of law and further provisions contained in the Rajasthan

Panchayati Raj (Election) Rules, 1994.

This Court finds that the reservation of seat of Sarpanch of Gram Panchayat Mahanandpura Dyoda is prima facie not according to Rule 7 of the

Rajasthan Panchayati Raj (Election) Rules, 1994 and as such the matter requires adjudication from this Court.

This Court as an interim measure, restrains the respondents to undertake the process of conducting election in Gram (5 of 5) [CW-735/2020]

Panchayat Mahanandpura Dyoda, Panchayat Samiti Gangapurcity, District Sawaimadhopur.

List this case on 27.01.2020.