JUDGMENT/ORDER

1. The question that arises for consideration in this writ petition is when the post of Sarpanch is reserved for a particular category of members and the Sarpanch elected as such is the only member belonging to that particular category, on removal of such Sarpanch due to passing of a motion of no-confidence under Sec. 35(2)(a) of the Maharashtra Village Panchayats Act, 1959 (for short, the Act of 1959), whether he/she can again contest the by-election that is held for filling in the vacancy caused due to his/her removal ?

2. The respondent No.6 was elected as Sarpanch of Gram Panchayat Wathoda, Taluka Warud, District Amravati. The post of Sarpanch was reserved for Scheduled Caste (Women). By a motion of no-confidence moved by the petitioners along with other members of the Gram Panchayat, the respondent No.6 came to be removed from the post of Sarpanch since the said motion came to be passed by the requisite majority. Since a vacancy had arisen on the post of Sarpanch that was reserved for members belonging to Scheduled Caste (Women) category and the respondent No.6 was the only eligible member who could contest the said election, the petitioners have challenged the n