RUKMINI KRISHNARAO DESAI Vs. ELECTION OFFICER, KOLHAPUR

JUDGEMENT

(1.) BY the present petition, Petitioner impugns the election of Respondent No.4 to the post of Sarpanch for village Sheloli, Taluka Bhudargad, District Kolhapur. The post of Sarpanch was declared as reserved for woman (general). Petitioner was the only member elected from a constituency reserved for woman (general). As far as Respondent No.4 is concerned, she was elected from a constituency reserved for woman (Scheduled Caste). According to the Petitioner, Respondent No.4, not having been elected from a constituency reserved for woman (general) she was ineligible to context for the post. Reliance is placed on the case of "Saraswati Devi v/s Shanti Devi" reported in "A.I.R. 1997 S.C. 347". In our judgment, the ratio laid down in the aforesaid case no longer holds the field in view of the later decision rendered by the Supreme Court in the case of "Kasambhai F. Ghanchi Vs. Chandubhai D.Rajput and others" reported in "1997(7) SCALE 248".

(2.) IN view of the later decision of the Supreme Court, it becomes clear that the respondent No.4, though she has got herself elected from a constituency reserved for woman (Scheduled Caste) will be eligible to contest for the post which is reserved for woman (general). Contentions raised by the petitioner in this behalf, therefore, necessarily will have to fail. Petition, in the circumstances, is found to be devoid of merit and the same is summarily rejected.