FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9541 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. B.S. Kudale , Advocate for the petitioner Mr. K.M. Suryawanshi, AGP for R-1 Mr. S.T. Shelke, Advocate for respondent Nos. 3 and 4. CORAM :- B.R. GAVAI & A.A. SAYED, JJ. DATE :- 18th OCTOBER, 2010. 1] According to the petitioners, the respondent No.4 is not entitled to contest the election to the post of Sarpanch, which is reserved for a Scheduled Caste woman category, since she was not elected as a Ward Member from a seat reserved for a Scheduled Caste Woman Category. 2] The issue is no more res-integra. The Apex Court in the matter of “Kasambhai F. Ghanchi Vs. Chandubhai D. Rajput “ reported in AIR 1998 SC 815, has held that if a candidate, in fact, belongs to a reserved category, then, irrespective of the fact as to whether he or she is elected from the reserved ward or not, would be entitled to contest the election for the post of President/Sarpanch, reserved for the said category. 3] In that view of the matter, writ petition is dismissed. [A.A. SAYED, J.] [B.R. GAVAI, J.] grt/- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9541 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2