( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9448 OF 2010 Balwantrao s/o. Jaywantrao Honrao .. Petitioner Versus The State of Maharashtra and others .. Respondents Mr. S.T. Veer, Advocate for the petitioner. Mr. N.B. Patil, A.G.P. for respondent Nos. 1 to 3. CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATED : 08.10.2010 P.C. :- 1. By way of present petition, it is contended by the petitioner that though the petitioner is elected against the post reserved for O.B.C. category and though respondent No. 4 is not elected against the post reserved for O.B.C. category she is likely to contest the election for Sarpanch, which post is reserved for O.B.C. category. Learned Counsel for the petitioner relies on the judgment of the Apex Court in the case of Saraswati Devi V/s. Smt. Shanti Devi and Others, AIR 1997 S.C. 347. ( 2 ) 2. The position is no more res-integra. The case of Saraswati Devi cited supra has been overruled by the Apex Court in the cases of Kasambhai F. Ghanchi V/s. Chandubhai D. Rajput & Others and Laljibhai Parmar & anr. V/s. Ramesh M. Parmar and anr., AIR 1998 S.C.815, wherein it has been clearly held that the candidate belonging to reserved category though not elected to municipality from reserved category is entitled to contest the election for President when the post is reserved for reserved category, when in-fact such candidate is belonging to such reserved category. 3. In that view of the matter, no case is made out. Apart from that as on today there is no cause of action to file the petition and as such the petition is also liable to be dismissed on the ground that it is premature. Hence, the writ petition is dismissed. [A.A. SAYED,J.] [B.R. GAVAI,J.] snk/2010/OCT10/wp9448.10