ORDER : 1. Heard learned advocate Mr.M.J.Mehta for the petitioner, learned advocate Ms.Roopal Patel for the respondent No.2 and learned Assistant Government Pleader Mr.Ishan Joshi for the respondent-State through video conference. 2. By this petition under Article 226 of the Constitution of India, the petitioner has made the following prayers: “(A) Your Lordship may be pleased to allow this petition. (B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents herein to revise the Preliminary Order dated 03/09/2020 (Annexure “A”) by following/implementing the seat rotation policy and further be pleased to direct the Respondents to consider the allotment of Ratidevli (21) seat of Taluka Panchayat for general category candidate. (B1)Your Lordship may be pleased to quash and set aside the Final Order dated 01/10/2020 passed by the State Election Commission for Taluka Panchayat Election, Vakaner, District: Morbi at Annexure “E”. (C) Your Lordship may be pleased to direct the respondents herein to follow rotation policy for the allotment of seats for Taluka Panchayat Election, Vankaner, District : Morbi especially seat of Ratidevli (21). (D) Pending the hearing and final disposal of the present petition, Your Lordship may be pleased to direct the respondents herein not to publish the Final Order with regard to the allotment of seats for Taluka Panchayat Election, Vankaner, District: Morbi. (D1)Pending admission, hearing and final disposal of this Petition, Your Lordship may be pleased to stay the further process of Taluka Panchayat Election, Vakaner, Morbi so far as the seats of Ratidevli (21) and Tithva (24) are concerned. (E) Your Lordship may be pleased to pass such other and further reliefs which may deem fit and equitable in the interest of justice.” 3. The brief facts of the case are as under: 3.1. The petitioner is a resident of Village-Ratidevli, Taluka-Vankaner, District-Morbi. The petitioner is desirous to contest the election of Taluka Panchayat. 3.2. It is the case of the petitioner that on 3rd September, 2020, the State Election Commission-respondent No.2 published preliminary order with regard to the allotment of the seats for election of Vakaner Taluka Panchayat and in the said preliminary order, the seat for village Ratidevli has been reserved for ”Woman-General Category”. 3.2. It is the case of the petitioner that on 3rd September, 2020, the State Election Commission-respondent No.2 published preliminary order with regard to the allotment of the seats for election of Vakaner Taluka Panchayat and in the said preliminary order, the seat for village Ratidevli has been reserved for ”Woman-General Category”. The petitioner therefore, was aggrieved by the reserving the seat of village Ratidevlli for Woman-General Category on the ground that in the elections held in the year 2015 for Taluka Panchayat, seat of village Ratidevli was reserved for WomanSchedule Caste. According to the petitioner, the seat of village Ratidevli was reserved for woman continuously for second time whereas, seat for village Tithva has been allotted to General Category candidates in the year 2015 as well as in the year 2020 by the respondent No.2 and therefore, there is violation of seat rotation policy. 4. Learned advocate Mr.Mehta for the petitioner relied upon paragraph No.17 of the order dated 03.09.2020 passed by the State Election Commission wherein, it is mentioned that the State Election Commission will have to follow rotation policy while allotting the seats for Taluka Panchayat election. It was therefore submitted that it was incumbent upon respondent No.2 to allot seats through rotation and therefore, when in the year 2015, a seat for village Ratidevli was allotted to woman-Schedule Caste Category, in the year 2020, seat ought to have been allotted to General Category without reservation. Learned advocate Mr.Mehta referred to the paragraph Nos.17(B) and 17(D) of the impugned order dated 03.09.2020 to point out that while allotment of the seat, the State Election Commission ought to have kept in mind that the allotment of a seat for woman category may not be repeated continuously for second time. 5. Learned advocate Mr.Mehta would therefore submit that the action on part of the respondent No.2 Commission is contrary to the rotation policy. 6. During the pendency of the petition, the respondent No.2State Election Commission passed the final order dated 01.10.2020 which is same as order dated 03.09.2020 and accordingly, the petition was amended by the petitioner challenging the final order dated 01.10.2020. 7. 6. During the pendency of the petition, the respondent No.2State Election Commission passed the final order dated 01.10.2020 which is same as order dated 03.09.2020 and accordingly, the petition was amended by the petitioner challenging the final order dated 01.10.2020. 7. Learned advocate Mr.Mehta further submitted that the Taluka Panchayat of village Ratidevdi is at General Serial No.21 and village Tithva is at General Serial No.24 and for these two villages allocation of seats in the entire list of Vakaner Taluka Panchayat, rotation policy is not followed by the State Election Commission. Learned advocate Mr.Mehta referred to page No.36 of the petition to point out that in the year 2015, village Ratidevli at General Serial No.21 for which seat for woman-Schedule Caste Category was allotted and for village Tithva at General Serial No.24 for which General Category Seat was allotted. For the year 2020, in the final order dated 01.10.2020, at Page No.88 of the petition, village Ratidevli at General Serial No.21 is allotted seat for Woman General Category whereas, village Tithva at General Serial No.24 is allotted seat for General Category. It was therefore submitted by learned advocate Mr.Mehta that the discrimination is made by the State Election Commissioner to continue allotment of seat for woman candidate for two consecutive terms for village Ratidevli and seat for General Category for village Tithva. 8. Learned advocate Mr.Mehta would further submit that in the seat allotment for District Panchayat Election also in the year 2015 village Ratidevli at General Serial No.18 seat was allotted of General Category which was later on changed to Woman General Category whereas, the seat for village Tithva was maintained at General Category. 9. It was therefore pointed out by learned advocate Mr.Mehta that there is an error on part of the State Election Commission to allot seat for Village Ratidevli to woman category for second consecutive term which is contrary to the rotation policy. 10. On the other hand, learned advocate Ms.Roopal Patel appearing for the respondent No.2State Election Commission submitted that impugned order is passed according to the Gujarat Taluka and District Panchayat Election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994 (for short “the Rules, 1994”). 10. On the other hand, learned advocate Ms.Roopal Patel appearing for the respondent No.2State Election Commission submitted that impugned order is passed according to the Gujarat Taluka and District Panchayat Election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994 (for short “the Rules, 1994”). Learned advocate Ms.Patel would submit that Rule 3 provides for assignment of serial number to electoral divisions whereas, Rule 4 to 6 provides for allotment of seats reserved for Schedule Caste, Schedule Tribes, and Socially and Educationally Backward Classes. Rule 7 prescribes procedure for allotment of seats to others. It was pointed out that Rule 3 prescribes that electoral divisions in a Taluka as well as District shall be assigned as per Sub-rules 2, 3 and 4 of Rule 3 of the Rules, 1994 which stipulates that the general serial numbers would be allotted as per alphabetic name of particular electoral division subject to Sub-rules 2 and 3 of Rule 3. It was thereafter submitted that Rules 4 and 5 provides special serial numbers for Schedule Caste and Schedule Tribes and in both the categories, one half of the seats are required to be reserved for women and preference is to be given for each particular category. Similarly for allotment of seats reserved for Socially and Economically Back Ward Classes it was pointed out that as per Rule 6 of the Rules, 1994 such seats would be allotted to the electoral division bearing general serial number to which seats reserved for the Schedule Caste and Schedule Tribes are not allotted under Rule 4 or 5. However, preference is to be given to the allotment of seats reserved for women. It was pointed out that as per Rule 7 of the Rules, 1994 provides that after allotment of seats under Rules 4, 5 and 6, remaining seats including those reserved for women would be allotted serially to electoral division bearing General serial numbers with preference to allotment of seats reserved for women other than the women belonging to Schedule Caste, Schedule Tribes and Socially and Educationally Backward Classes. Learned advocate Ms.Patel thereafter referred to Rule 8 which provides for computation of reserved seats for woman. 11. Learned advocate Ms.Patel thereafter referred to Rule 8 which provides for computation of reserved seats for woman. 11. Referring to the above Rules of Rule 1994, it was pointed out that in the impugned order dated 01.10.2020 for allotment of the seats for election of the Vakaner Taluka Panchayat, the General serial number of village Ratidevli is 21 as per Rule 3 of Rule 1994. It was pointed out that the serial number for Schedule Caste Category, village Ratidevli is at Serial No.SC 1. Accordingly, for village Ratidevli in the year 2015, the seat was allotted to woman of Schedule Caste Category. However, as per rotation policy for the year 2020, ten seats in General Category is to be allotted for women category as per the order dated 03.03.2015 passed by the Development Commissioner which is based on the census of 2011, ten seats were allotted to women General Category. It was therefore submitted by learned advocate Ms.Patel that after allotment of the seats as per Rules 4, 5 and 6, ten seats were to be allotted to women of General Category and further ten seats were to be allotted to the General Category, therefore, as per Rule 7 of the Rule 1994, ten seats for Women General Category were allotted as per the General serial numbers given under Rule 3 and as such for village Ratidevdi which is at General serial number 21 comes in first ten seats to be allotted to the woman General Category and accordingly in the impugned order village Ratidevli seat to woman-General Category is allotted. 12. Learned advocate Ms.Patel invited the attention of this Court to the chart explaining the allotment of the seats made by the respondent No.2 placed at page No.156 which clearly shows as to why a seat for woman General Category is allotted for village Ratidevli for election of Taluka Panchayat, Vakaner by the impugned order. 13. Learned advocate Ms.Patel thereafter, relied upon the following averments made in the affidavit-in-reply filed on behalf of the respondent No.2 in support of her submissions. “7. In this context, it would be apt to refer to the Gujarat Taluka and District Panchayat Elections (Manner of Allotment of reserved Seats by Rotation) Rules, 1994 which are annexed hereto and marked as Annexure-V for ready reference. “7. In this context, it would be apt to refer to the Gujarat Taluka and District Panchayat Elections (Manner of Allotment of reserved Seats by Rotation) Rules, 1994 which are annexed hereto and marked as Annexure-V for ready reference. These Rules inter alia provides as to how to allot reserved seats to serial numbers and rest of the seats shall be assigned to general category male. It is relevant of mention that, definition of “Population” is provided in Article 243 (f) of the Constitution of India, according to which “Population” means last census which was carried out. For the purpose of present election, census which was carried out in the year 2011 is the last census and which has to be kept in view for 2020 election and which had also been kept in view in 2015 election. Declaration of total seats and reservation thereof falls within the domain of the State Government. Function of the Election Commission is to allot/rotate the seats in accordance with the Rules. It is pertinent to note and reiterate that, Dharmanagar Gram Panchayat has been included now in Vakaner Taluka Panchayat and as such delimitation has been carried out for this Taluka before 2020 election. In 2015 there were total 24 seats and in 2020 also, there are total 24 seats. 8. I state that, present petition initially was preferred assailing Preliminary Notification dated 03.09.2020 qua Vankaner Taluka Panchayat, but, since during pendency of the present petition, Final Notification dated 01.10.2020 is issued, the same has been assailed by way of amendment to the petition. 9. It is the specific contention and grievance of the petitioner and more particularly limited to seats of Ratidevli (21) and Tithva (24) saying that, seat 21 is continuously reserved in 2015 as well as 2020 for woman and that, seat 24 is reserved continuously in 2015 as well as 2020 for General category. To demonstrate that rotation Rules have been followed scrupulously, a document is annexed hereto and marked as Annexure-X which would make easy to understand as to how seats had been allotted in 2015 election and this time in 2020 and as to how allotment/rotation is carried out in accordance with the Rules. I say and submit that, perusal of this document makes it easy to understand that, rotation of seats have been done absolutely in accordance with the Rules and cannot be faulted for. I say and submit that, perusal of this document makes it easy to understand that, rotation of seats have been done absolutely in accordance with the Rules and cannot be faulted for. Petitioner’s grievance relating to Ratidevli (21) it is to submit that, since, it contains highest population of SC, was/is given special serial number SC 1 as per rotation Rules. And therefore, as per these Rules, was allotted to SC woman in 2015, since Government had declared one seat for SC woman in 2015. For the election of 2020, SC 2 has to be allotted to SC Woman. Whereas, Ratidevli is having general serial number 21 and hence, as per rotation Rules, the same has been allotted to general woman seat in 2020. I say and submit that, petitioner’s grievance that, continuously seat 21 is allotted to woman thus is, totally misconceived in as much as, it was allotted to SC woman in 2015 and in 2020 is allotted to general woman. SC woman and general woman are two different categories. Petitioner’s grievance that, seat 24 i.e. Tithva is allotted to general category continuously in 2015 as well as 2020 is also misconceived for the reason that, after allotting seats to SC, ST, SEBC and woman in seriatim, rest of the seats have to be allotted to general category as per rotation Rules and accordingly, is allotted. As such, no illegality is committed in allotting Tithva (24) general category seat in 2015 and 2020.” 14. Referring to the above averments, it was submitted that there is no discrimination as alleged or any discretion exercised by the State Election Commission to allot seat to woman-General Category for village Ratidevli in the impugned order dated 01.10.2020. It was therefore submitted that petition is without any merits and liable to be dismissed. 15. Having considered the rival submissions and having gone through the materials on record, it appears that for the year 2015, for the election of Taluka Panchayat of Vakaner, seat for village Ratidevli was allotted to the woman for Schedule Caste Category as per the Rules, 1994. Therefore, as per the rotation policy for the election in the year 2021 for Taluka: Vakaner the seat for village Ratidevli is to be allotted for General Category. Therefore, as per the rotation policy for the election in the year 2021 for Taluka: Vakaner the seat for village Ratidevli is to be allotted for General Category. Therefore, the question arises that by rotation policy when the seat is to be allotted to General Category, whether the preference is rightly given by the respondent No.2 to allot the seat to woman of General Category or not? For this it is necessary to refer to various Rules of Rules, 1994 which reads as under : “3. Assignment of serial number to electoral divisions.(1) Each electoral division in a taluka and each electoral division in a District shall be assigned by the Election Commission in a name based on the name of that village the area of which is included in such electoral division. (2) Where an electoral division consists of more than one village, it shall be assigned the name of that village which has higher population. (3) Where more than one electoral division consist of an area of the same village the electoral division shall be assigned the name of the village suffixed by serial numbers in accordance with the number of wards of such village comprised in each of such electoral division, beginning with the electoral division having lower serial number of wards of such village. (4)(a) The names of electoral divisions of a taluka and the name of electoral divisions of a district shall be separately arranged by the Election Commission in an English alphabetical order : Provided that where there is more than one village having the name of the same letter of English alphabets the electoral division of those villages shall be distinguished by reference to succeeding letter of the alphabets of the names of such village. (b) Thereafter the electoral divisions as so arranged in the English alphabetical order shall be assigned serial numbers in that alphabetical order. (5) The serial numbers assigned to the electoral divisions of a taluka and those assigned to electoral divisions of a district under this rule shall be known as general serial numbers. 4. (b) Thereafter the electoral divisions as so arranged in the English alphabetical order shall be assigned serial numbers in that alphabetical order. (5) The serial numbers assigned to the electoral divisions of a taluka and those assigned to electoral divisions of a district under this rule shall be known as general serial numbers. 4. Allotment of seats reserved for Scheduled Caste-(1) For the purpose of allotment of the number of seats determined by the State Government as reserved for the Scheduled Castes under sub-clause (I) of clause (a) of subsection (5) of section 10 and sub-clause (I) of clause (a) of subsection (5) of section 11 the Election Commission shall determine the electoral divisions of a taluka and those of a district, which consists of population of the Schedule Caste and such electoral division of a taluka and a district shall be serially arranged in accordance with the percentage of population of the Schedule Castes in such electoral division beginning with the electoral division consisting of the highest percentage of the population of the Scheduled Castes and shall be assigned serial number of SC 1, SC 2, and so on. (2) The serial numbers as so assigned shall be known as special serial numbers for the Scheduled Castes. (3) The Election commission shall first allot the number of seats reserved for the Schedule Castes (including one third of such seats reserved for women belonging to the Schedule Castes) serially to the electoral divisions bearing special serial numbers for Scheduled Castes by notation so however that preference shall be given to allotment for seats reserved for the women. 5. (3) The Election commission shall first allot the number of seats reserved for the Schedule Castes (including one third of such seats reserved for women belonging to the Schedule Castes) serially to the electoral divisions bearing special serial numbers for Scheduled Castes by notation so however that preference shall be given to allotment for seats reserved for the women. 5. Allotment of seats reserved for Scheduled Tribes.(1) For the purpose of allotment of the number of seats determined by the State Government as reserved for the Scheduled Tribes under sub-clause (i) of clause (a) of subsection (5) of section 10 and sub-clause (i) of clause (a) of subsection (5) of section 11 of the Election Commission shall determine the electoral divisions of a taluka and those of a district which consist of population of the Scheduled Tribes and such electoral divisions of a taluka and district shall be serially arranged in accordance with the percentage of population of the Schedule Tribes in each electoral division beginning with the electoral division consisting of the highest percentage of the population of the Schedule Tribe and shall be assigned serial number as ST 1, ST 2, and so on.(2) The serial numbers as so assigned shall be known as special serial numbers for the Scheduled Tribes. (3) The Election Commission shall after having allotted the seats reserved for the Scheduled Castes under sub-rule (3) of rule 4 allot the number of seats reserved for the Scheduled Tribes (including one third of such seats reserved for women belonging to the Scheduled Tribes) serially to the electoral divisions bearing special serial numbers for the Scheduled Tribes by rotation so however that preference shall be given to allotment of seats reserved for the women. 6. 6. Allotment of seats reserved for socially and educationally backward classes The Election Commission shall after having allotted the seats reserved for the Scheduled Castes and the Scheduled Tribes under rules 4 and 5 allot the number of seats determined by the State Government under sub-clause (ii) of clause (a) of subsection (5) for the socially and educationally backward classes including the one third of such seats reserved for women belonging to the socially and educationally backward classes serially to the electoral divisions bearing general serial number of to which seats reserved for the Scheduled Castes and the Scheduled Tribes are not allotted under rule 4 or 5 so however that preference shall be given to allotment of seats reserved for the women. 7. Allotment of seats to others-The Election Commission shall after having allotted seat reserved for the Schedule Castes, Schedule Tribes and socially and educationally backward classes under rules 4, 5 and 6 allot the remaining seats (including those reserved for women) serially to electoral divisions bearing general serial number to which seats reserved for the Schedule Casts, the Schedule Tribes and the Socially and Educationally Backward Classes are not allotted under rules 4,5 and 6 so however that preference shall be given to allotment of seats reserved for women other than the women belonging to the Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes. 8. Computation of reserved seats for women-(1) The number of seats to be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes or as to the cases may be the socially and educationally backward classes shall be derived by dividing the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes or as the case may be, the socially and educationally backward classed by three. (2) The remaining number of seats to be reserved for women shall be determined by first deriving the number by dividing the total number of seats to be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes, under sub-rule (1) : Provided that while deriving the number of seats to be reserved for women under this rule, a fraction which is one half in value shall be ignored.” 16. From the above rules, it is clear that the village of any Taluka Panchayat will be given General serial numbers as per English alphabetical order of electoral divisions and accordingly, the village Ratidevli is given General serial number 21 whereas, village Tithva is given general serial number 24 as per alphabetical order in view of the Rule 3 of Rules, 1994. In the year 2015, as village Ratidevi was given special Serial No.SC1, the seat was reserved for woman Schedule Caste Category. Therefore, in view of the rotation policy, as referred to in the preliminary order dated 03.09.2020 in paragraph No.17 wherein, it is mentioned that seats are allotted in view of the rotation policy of the State Government meaning there by that, once the seat is allotted for Schedule Caste and Schedule Tribe as per Rules 4, 5 and 6 of Rule, 1994, the seat for next election is to be allotted to others of General Category as per Rule 7 of the Rule, 1994. Thus, in the impugned order dated 01.10.2020, the seats are allotted keeping in mind the rotation policy. 17. It is not in dispute that the allotment of the seats are already decided in the year 2015 on the basis of the Census of 2011 which is same as stipulated in the order dated 01.10.2020. According to the seats to be allotted to the Vakaner Taluka Panchayat there are total 24 seats which comprises of Schedule Caste Category Woman– 1 seat, Schedule Tribe Category1 seat and two seats, comprising one for woman and one for general, for Socially and Educationally Backward Classes. Thus, 4 seats out of 24 are for reserved Category as per the Rules, 1994. Remaining 20 seats are to be allotted to General Category keeping reservation of 50% for women. Therefore, out of remaining 20 seats for General Category, ten seats in General Category for women are to be allotted and remaining ten seats are required to be allotted for General Category all. Accordingly, in the impugned order, ten seats for woman General Category are allotted on the basis of general serial numbers determined as per Rule 3 of Rules, 1994. Accordingly, in the impugned order, ten seats for woman General Category are allotted on the basis of general serial numbers determined as per Rule 3 of Rules, 1994. Therefore, as general serial number 21 of village Ratidevli falls within first ten villages for which general category woman seat is required to be allotted as per Rules 7 and 8 of the Rules, 1994, the submissions made by learned advocate Mr.Mehta that for two consecutive terms, the seat cannot be reserved for woman candidate is not tenable and as per Rules, 1994, the seat is required to be allotted to general category and as per Rule 7 of the Rules, 1994, preference is to be given to woman. Rule 7 of the Rules 1994 clearly stipulates that the preference shall be given to allotment of seats reserved for the woman, rather than woman belonging to Schedule Cast, Schedule Tribe and Socially and Educationally Backward Classes. Therefore, according to the Rule 7 ten seats are to be allotted to woman out of the twenty seats and therefore the same is allotted by the State Election Commission as per general serial numbers given under Rule 3 of the Rules, 1994. 18. In view of the foregoing reasons, there is no infirmity in the impugned order dated 01.10.2020 for allotting seat to woman general category for village Ratidevli for the election of Taluka Panchayat of Vankaner. Therefore, no interference is called for while exercising the extraordinary jurisdiction of Article 226 of the Constitution of India. The petition being devoid of any merit is accordingly dismissed. Notice is discharged. No order as to cost.