22wp4398.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4398 of 2010 (Yashodabai Gurunath Dongare .vs. The Collector, Yavatmal and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 02/02/2011. Heard Mr.Aditya Patil Mane, Adv. for the petitioner, Mr.A.G.Mujumdar, Assistant Government Pleader for respondent no.1 and Mr.N.R.Patil, Adv. for respondent no.2. In the instant petition, the grievance of the petitioner is in respect of election of Sarpanch of Marlegaon Gram Panchayat. Counsel for the petitioner has submitted that the election of Sarpanch of the said Gram Panchayat was held on 18.8.2010. It is contended that respondent no.2 was declared elected as a Sarpanch of Marlegaon Gram Panchayat from the Other Backward category. It is submitted that the caste claim of respondent no.2 was invalidated by the competent Caste Scrutiny Committee and since there were only two nomination forms 22wp4398.10.odt 2 . for the said post, one was of the petitioner and the other was of respondent no.2 and since the caste claim of respondent no.2 was invalidated, the only candidate who should have been declared elected was the petitioner. It is submitted that since respondent no.1 has failed to take into consideration these aspects and to take appropriate steps, the petitioner has filed the present petition. At the outset, it is brought to the notice of this Court that respondent no.2 has already resigned from the post of Sarpanch and secondly, the caste claim of petitioner, for the first time, came to be invalidated by the Caste Scrutiny Committee by order dt. 21.1.2011 i.e. much after the date on which the election of Sarpanch was held. In view of these two undisputed facts, no case is made out for showing indulgence. Hence, the petition is dismissed. JUDGE JUDGE jais