1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8636 OF 2010 Smt.Lanka w/o Bhiku Samindar - PETITIONER VERSUS 1) The State of Maharshtra and others. - RESPONDENTS ***** Mr.GS Patil, Advocate for Petitioner; Mr.KG Patil,AGP for Resp.Nos. 1 & 4. ----- CORAM : B.R.GAVAI & K.U.CHANDIWAL,JJ. DATE : 23rd September, 2010. COURT’S ORDER (PER:-B.R.GAVAI,J.) 1) Heard. 2) By way of present petition, the petitioner seeks an injunction against the Respondent No.2 - Sunita Dattatraya Gaikwad, from contesting the election to the post of Sarpanch of Group Grampanchayat Tintraj Nali, from Scheduled Caste (Woman) category. 3) Learned Counsel appearing on behalf of the petitioner submits that the Respondent No.2 2 contested the election to the post of a member of the Grampanchayat from Ward No.2, from open category, by declaring herself to be belonging to open category. It is submitted, now the respondent no.2 claims to be belonging to reserved category and as such intending to contest the election to the post of Sarpanch from scheduled castes (Woman) category. 4) It is settled law that, a person so elected, in spite of he/she contested the election from open category, though he/she originally belongs to reserved category, is entitled to contest further election from reserved category seat. In any event, even if the Respondent no.2 would have been elected from the reserved category, her election would always be subject to scrutiny of the caste certificate by the Caste Scrutiny Committee. 5) In that view of the matter, no merit is found in the petition, it is dismissed. (K.U.CHANDIWAL) (B.R.GAVAI) JUDGE JUDGE bdv/