FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7721 OF 2010 Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders. 1 Mr. R.S. Bagal,, Advocate for the petitioner Mr. S.K. Tambe, AGP for the respondents. ---- CORAM :- R.S. MOHITE & SHRIHARI P. DAVARE, JJ. DATE :- 31st AUGUST, 2010. --- 1] The petitioner has filed this petition for a direction for filling up the vacant reserved posts of Village Panchayat, Udnapur. The second prayer which is sought in the petition, is for an order prohibiting dereserving the posts of Sarpanch of the said village, to avoid frustrating the constitutional reservation. 2] We find that in view of Section 10(4) of the Bombay Village Panchayat Act, 1958, notwithstanding the fact that the reserved posts have not been filled in, since 2/3rd of the posts have been filled in, the constitution of the Panchayat cannot be said to be improper. Further, the necessary quorum for electing the Sarpanch is also available. 3] Advocate for the petitioner at the stage of arguments, FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7721 OF 2010 Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders. 2 states that there is not a single person belonging to the reserved category residing in the village. This contention is totally opposite to the prayers which have been sought. The election of the Sarpanch is fixed for today. In our considered view, this is not a fit case to interfere in the writ jurisdiction. Hence, the petition is summarily dismissed. [SHRIHARI P. DAVARE,J.] [R.S. MOHITE, J.] grt/-