FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10031 OF 2010 (Subhash s/o. Soraji Rathod Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.B. Chavan, Advocate for petitioner. Mr. S.T. Shelke, Advocate for R. 3. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED : 21st October, 2010. PER COURT : 1. Production permitted. 2. The grievance of the petitioner is that though the respondent No. 6 is elected from General category and that though the petitioner is elected from Scheduled Caste category, the respondent No. 6 is contesting the election for the post of Sarpanch which is reserved for Scheduled Caste reserved category. 3. In view of judgment of the Apex Court in the case of Kasambhai F. Ghanchi V. Chandubhai D. Rajput & Ors., AIR 1998 SC 815, it is permissible for a candidate to contest the election for the post of Sarpanch/President reserved for a particular category, even if such a candidate is not elected from a ward which is reserved for such category, if such a candidate infact belongs to such a category. 4. In that view of the matter, the petition is dismissed. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp10031.10