JUDGMENT - A.V. SAVANT, J.:---Heard all the learned Counsel.

2.On a motion made by Shri Bhosale, name of respondent No. 3 deleted.

3.Rule.

4.Since the point involved in the petition is covered by the decision of the Hon'ble Supreme Court in (Saraswati Devi v. Smt. Shanti Devi and others)1, A.I.R. 1997 Supreme Court 347 and since out of the period of year, five months are already over, it has become necessary for us to decide the matter expeditiously. Hence, by consent, rule made returnable forthwith and heard all the learned Counsel. The short controversy which arises for our consideration is that both the petitioner and the first respondent are women belonging to the Scheduled Caste. Whereas the petitioner has been elected as councillor from the ward reserved for Scheduled Caste women, the first respondent, though a Scheduled Caste woman, has been elected, from unreserved ward.

5.The dispute relates to the election to the post of President of Indapur Municipal Council, in accordance with the provisions of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965. Under section 51 of the said Act, the election has to be held for the post of the Preside

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