{1} wp1127610.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11276 OF 2010 Udhav Devidas Kamble Petitioner Versus The State Election Commissioner and others Respondents None for the petitioners. Mr.S.K.Tambe, A.G.P. for respondents no.1 to 3. CORAM : B.R.GAVAI AND R.M.BORDE, JJ. DATE : 16 th December, 2010 PER COURT: 1 In view of provisions of sub-Rule (4-A) of Rule 2-A of the Bombay Village Panchayats (Sarpanch & Upa-Sarpanch) Election Rules, 1964, if the office of Sarpanch is reserved for the Scheduled castes, or the Scheduled Tribes or, as the case may be, the category of Backward Class citizens (including Vimukta Jatis and Nomadic Tribes), and no elected member belonging to such Castes, Tribes or as the case may be, the category of Backward Class of citizens is available, then such office for the same tenure shall be allotted by draw of lots to any of the categories, for which the office of the Sarpanch, may be reserved under Section 30 of {2} wp1127610.odt the Act. 2 Considering the provisions of sub-Rule (4-A) of Rule 2- A of the Rules, the challenge raised in the petition by the petitioner need not be considered. Petition is devoid of substance. 3 Writ Petition stands rejected. R.M.BORDE B.R.GAVAI JUDGE JUDGE adb/wp1127610