Judgment B.P. DHARMADHIKARI, J. 1. Rule made returnable forthwith by consent. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondent finally. Petitioner a elected member of Grampanchayat seeks direction to respondent to implement provisions of section 43(2) of the Bombay Village Panchayats Act, 1958. The submission is, Grampanchayat consists of 15 members and on the date of filing of petition, 13 were in office. Post of Sarpancha is lying vacant because of resignation of Sarpancha in March, 2013 and consequently the post earlier occupied by resigning Sarpanch as member was also lying vacant. One more post had become vacant earlier in September/October, 2012. 3. Shri Dhage, learned counsel for the petitioner in this background submits that on account of mandate of section 43, respondent is duty bound to fill in vacancy in the post of Sarpancha immediately and the said exercise cannot be postponed till after the two vacancies of members are filled in after holding by elections. 4. Learned Assistant Government Pleader relies upon reply affidavit. She points out that attempt to fill in first vacancy of a member reserved for Scheduled Tribe (Woman Category) was made in October, 2012 but as no nominations were filled in, that attempt could not succeed. In March, 2013, a lady candidate elected from Scheduled Caste category and occupying reserved post of Sarpancha also resigned and hence another post of member fell vacant. In the light of orders of Division Bench of this Court in Writ Petition No. 11225 of 2012 dated 3rd December, 2012 at Mumbai, respondent has decided to proceed to fill in vacant post first and thereafter to hold the election for the post of Sarpancha and process is going on. 5. We find that the Grampanchayat consists of total 15 members out of which three seats are reserved for Scheduled Caste candidates. Out of these three reserved seats one is for Scheduled Caste (Woman) while remaining two are for Scheduled Caste (General Category). The petitioner has been elected as a members of Grampanchayat from Scheduled Caste Category. The provisions of section 43 which deals with filling of vacancies stipulates that any vacancy of which notice has been given to Collector in the prescribed manner is to be filled in by elections. Said meeting is to be convened by Collector in the manner prescribed in sub-section (1) of section 33. The provisions of section 43 which deals with filling of vacancies stipulates that any vacancy of which notice has been given to Collector in the prescribed manner is to be filled in by elections. Said meeting is to be convened by Collector in the manner prescribed in sub-section (1) of section 33. The proviso added to section 43 vide amendment dated 4th August, 2012 stipulates that when post of Sarpanch or Upa-Sarpancha has fallen vacant the same “shall be filled in within 30 days from the date of such vacancy”. 6. Division Bench of this Court at Mumbai was passing order on 3rd December, 2012. It was considering a prayer to postponed or stay further elections for the post of Sarpancha and Upa-Sarpancha of Grampanchayat Tambve district Sangli which were scheduled on very same day i.e. 3rd December, 2012. Division Bench has also observed that the period of earlier body was coming to an end also on 3rd December, 2012. It is in this background that it has looked into the statutory provisions and found that election which was cancelled because of death of one of the contesting candidate also needed to be held and thereafter only the elections for the post of Sarpanch and Upa-Sarpanch could have been permitted. It is only an interlocutory order and not a final judgment in the Writ Petition. Said Division Bench was not considering the provisions of section 43 of Bombay Village Panchayats Act. 7. Here the first meeting as contemplated under section 33 of Bombay Village Panchayats Act, 1958 was already held sometime in 2008. The first contingency necessitates by election surfaced in October, 2012 and second has surfaced in March, 2013. The Sarpanch resigned in March, 2013, hence vacancy for the post of Sarpanch have become available. Mandate of proviso to section 43 requires holding of elections of Sarpanch within 30 days of communication of such contingency to respondent. Reply of respondent does not speak of this statutory obligation. 8. We find that petitioner a woman candidate elected from Scheduled Caste is available as per provisions of Grampanchayat. Not only this, there is one other Scheduled Caste candidate elected from general Scheduled Caste Category. We, therefore, find that respondent has to discharge his obligation under proviso to section 43. Reply of respondent does not speak of this statutory obligation. 8. We find that petitioner a woman candidate elected from Scheduled Caste is available as per provisions of Grampanchayat. Not only this, there is one other Scheduled Caste candidate elected from general Scheduled Caste Category. We, therefore, find that respondent has to discharge his obligation under proviso to section 43. Accordingly we direct respondent to convene a meeting of Grampanchayat as contemplated by section 43 of Bombay Village Panchayats Act, 1958 for electing Sarpancha. The said exercise be completed within a period of 30 days from today. 9. Accordingly Writ Petition is partly allowed and disposed of. No costs. Certified Copy be expedited. Petition partly allowed.