wp4161.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4161 OF 2011 Smt. Nirmala w/o Balaji Durpade, Age-45 years, Occu:Member of Village Panchayat Islapur, R/o C/o-Balaji Durpade Patil, At Post-Islapur, Tq-Kinwat, Dist-Nanded. ...PETITIONER. VERSUS 1) The Collector, Nanded, Dist-Nanded, 2) The Returning Officer/ Tahsildar Kinwat, Grampanchayat Election Islapur, Tq-Kinwat, Dist-Nanded, 3) Smt. Suman w/o Bharat Shelke, Age-30 years, Occu:Household, R/o- At Post-Islapur, Tq-Kinwat, Dist-Nanded. ...RESPONDENTS. ... Shri. P.V. Mandlik, Senior Counsel h/f. Shri. Amol S. Gandhi Advocate for Petitioner. Shri. K.J. Ghute Patil, A.G.P. for Respondent No.1. Shri. S.T. Shelke Advocate for Respondent No.2. ... wp4161.11 2 CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 18TH AUGUST, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. The Petitioner contends that she was elected as a Member of Village Panchayat from the category of General candidate (Woman). The Respondent No.3 - Suman Bharat Shelke, was elected as a Member from the category of Scheduled Caste (Woman), from Ward No.1. 3. According to learned Senior Counsel Shri. Mandlik, seat of Sarpanch of Village Panchayat was reserved for General Category. The Respondent No.3 being elected as a Member from Reserved Seat for Scheduled Caste (Woman), is not entitled to wp4161.11 3 contest the post of Sarpanch, which according to the counsel, was reserved for General Category. 4. The argument advanced by the learned Senior Counsel is not in consonance with the constitutional scheme of reservation. General seat for Sarpanch of a Village Panchayat does not fall under any of the categories of constitutional reservation. We are of the view that a candidate belonging to reserved Caste/Tribe, is entitled to contest a general seat of Sarpanch of Village Panchayat. The Petition is misconceived and the same is accordingly dismissed. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/AUG11