Mangat Singh v. State of Punjab & Ors.

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH ..... RESPONDENTS Present: Mr. O.P. Kamboj, Advocate, for the petitioner. Mr. N.S. Virk, Addl. A.G., Punjab. * * * SATISH KUMAR MITTAL , J. The petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuing direction not to hold the election of Sarpanch of Gram Panchayat, Village Ellahi Bakhsh Bodla, Tehsil Jalalabad, District Ferozepur, before filling up the fifth seat of Panch, reserved for Backward Class. We have heard counsel for the parties and gone through the contents of this petition. Undisputedly, in this case, out of the posts of 5 Panches to be elected for the Gram Panchayat, 4 Panches have been duly elected on

26.5.2008. However, one seat of Panch reserved for Backward Class could CWP No. 12391 of 2008 -2- not be filled because no person contested in that Category. It is further admitted that the election of the elected Panches has been notified under Section 13 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act'). In view of the same, the Deputy Commissioner has convened the meeting of notified members of the Panchayat under Section 13-A of the Act to elect a Sarpanch of Village Gram Panchayat. Learned counsel for the petitioner has contended that the election of Sarpanch be kept in abeyance till the election of vacant seat of Panch reserved for Backward Class is held. After hearing the counsel, we are not inclined to accept the contentions of the counsel for the petitioner. In our opinion, on the aforesaid ground, the election of Sarpanch cannot be kept in abeyance keeping in view the entire scheme of the Act and the Rules framed thereunder. The Sarpanch is responsible for convening and presiding over the meetings of Gram Sabha at least twice a year. Sarpanch is also responsible for convening and presiding over the meetings of the Gram Panchayat for taking all financial and executive decisions of the Gram Panchayat besides being responsible for the maintenance of the records of the Gram Panchayat. In other words, in the absence of a Sarpanch, the Gram Panchayat cannot function. In the present case, in the absence of any candidate coming forward to occupy the vacant post of Panch reserved for Backward Class, it cannot be said with any certainty as to when the vacant seat of Panch shall CWP No. 12391 of 2008 -3- be filled up and, therefore, in our considered opinion, the election of the Sarpanch of Gram Panchayat of Village Ellahi Bakhsh Bodla cannot be kept in abeyance till the vacant seat reserved for Backward Class is filled up. Dismissed. However, respondents No.1 to 3 are directed to take steps to fill up the vacant seat as early as possible. ( SATISH KUMAR MITTAL ) JUDGE September 12, 2008 ( JASWANT SINGH ) JUDGE