1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.54 of 2011 [Walmik Sukhdeo Madavi & another Vs. State Election Commission and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.Z. Qazi, Adv., for the petitioners. Mr. P. Marpakwar, Adv., for respondent no.1. Mr. N.W. Sambre, Govt. Pleader for respondent nos. 2 and 3. ---- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 27th September, 2011. 1. Heard. 2. Petitioners did not challenge the Notification disclosing reservations in various wards in general election, and have woken up only after the elections for the post of Sarpanch were notified. Post of Sarpanch was reserved for Scheduled Tribe category. In the light of arguments advanced, on 13th September, 2011, this Court had passed order calling upon the State Govt. to point out the correct position. 3. Today, learned Govt. Pleader, upon 2 instructions, states that if a Scheduled Tribe candidate is not elected in the general elections and hence if post of Sarpanch cannot be filled, as per rules, the post needs to be given to some other reserved category and accordingly within six weeks, the vacancy in the post of Sarpanch will be filled in. 4. Mr. Qazi has today produced the complete copy of judgment in Special Civil Application No. 222 of 1962, decided on 4th December, 1963. He contends that in spite of belated approach, this Court had interfered. We find that question there was of election to only two seats. Here, the question is of entire general elections. There is absolutely no explanation as to why petitioners could not raise this challenge within time. 5. In this situation, without going into the merits of the controversy and leaving all contentions open for adjudication in appropriate matter, and because of statement made by learned Govt. Pleader, subject to that statement, we dispose of the petition. No costs. Judge Judge |Hedau| 3