1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4688 OF 2010 Ashok S/o Sopanrao Jadhav .. Petitioner Versus 1. The State of Maharashtra and others .. Respondents Shri M. R. Andhale, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Shri S. T. Shelke, Advocate for the Respondent No. 3. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 04TH AUGUST, 2010. PER COURT : . This is a petition under Article 226 of the Constitution of India which questions the reservation for Woman (Scheduled Caste) for the post of Sarpanch after the forthcoming General Election of village Waghebabulgaon, Tq. Kaij, Dist. Beed. The General Elections of the gram panchayat is scheduled to be held 2 some time on 08th August, 2010. Subsequent thereto, there would be an election of Sarpanch and Deputy Sarpanch. The post of Sarpanch in the said gram panchayat, by rotation has been reserved for Woman (S.C.). The contention of the petitioner in this petition is that since in the General Elections no post for a woman candidate belonging to the scheduled caste is reserved, there is distinct possibility that no woman candidate belonging to S. C. category would be elected and consequently the reservation for the post of Sarpanch for Woman (S. C.) would be rendered otiose. 2. On notice being issued to the respondents, respondents have filed their affidavit in reply. Mr. Kadam, learned counsel for respondent Nos. 1 and 2 has placed the reliance upon the second proviso to Sub Rule 4 of Rule 2(A) of the Bombay Village Panchayats (Sarpanch and Upsarpanch) Election Rules, 1964. It is therefore, urged before us that by virtue of the said proviso, in the event a woman candidate belonging to S. C. category is not available the reservation would go to the other reserved class. 3. In that light of the matter, therefore, according to us, the apprehension expressed by the petitioner is completely 3 unfounded and the provisions of law takes care of an eventuality of a woman candidate belonging to S. C. not being elected in the General Election of the gram panchayat. Since there is no merit in the petition, the petition is dismissed with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug.10