1 wp7416-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7416 OF 2010 Smt.Savita Dnyaneshwar Dighe ..Petitioner. Versus The State of Maharashtra & Others ..Respondents. Mr.M.S. Karnik for the petitioner. Mr.Samir Patil, AGP for respondent Nos.1, 3 and 4. CORAM : B.H. Marlapalle, & U.D. Salvi, JJ. DATE : 30th September 2010. P.C. : 1. The petitioner impugns the election of respondent No.5 as the Sarpanch of Datyane Village of Niphad Taluka in Nashik District held on 9th August 2010. There were in all seven seats from three different wards for the Village Panchayat and the petitioner is elected from Ward No.2 against a seat reserved for OBC (woman). Whereas, the respondent No.5 got elected from Ward No.3 against a seat reserved for OBC. Admittedly, the post of Sarpanch was reserved for OBC (woman). 2. It is the contention of the petitioner that the respondent No.5 did not contest against a seat reserved for OBC (woman) and only the petitioner 2 wp7416-10 had contested against such a seat and, therefore, she was the only candidate eligible to contest the election for the post of Sarpanch. 3. We are not impressed by this submission and the challenge raised to the election of the respondent No.5 as Sarpanch on this ground is frivolous to say the least. Both the petitioner and respondent No.5 are women from OBC and, therefore, both of them were eligible for contesting the post of Sarpanch so long as they were elected from a seat reserved for OBC. There cannot be a distinction between a woman member getting elected against a seat reserved for OBC (woman) and a candidate getting elected from a seat reserved for OBC. 4. Hence, the petition is rejected. (U.D. Salvi, J.) (B.H. Marlapalle, J.)