Amarjit Kaur v. State of Punjab

CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: --- Mr.T.P.Singh, Advocate, for the petitioner (in CWP No.12809 of 2008). Mr.Amit Rana, Advocate, for the petitioner (in CWP No.14366 of 2008). Mr.M.S.Sindhu, Addl.A.G.,Punjab, for respondents No.1 and 2 (in CWP No.12809 of 2008) and for respondents No.1 to 3 (in CWP No.14366 of 2008). Mr.H.S. Dhandi, Advocate, for respondent No.3 (in CWP No.12809 of 2008) Mr.Sukhjinder Singh, Advocate for respondent No.5 (in CWP No.14366 of 2008). .. SATISH KUMAR MITTAL, J. (ORAL) This order shall dispose of two writ petitions bearing CWP No.12809 of 2008 filed by Amarjit Kaur, which pertains to the election of C.W.P. No.12809 of 2008 and anr. -2- Sarpanch of Village Gram Panchayat Thakarwal and CWP No.14366 of 2008 filed by Yadwinder Kaur, which pertains to the election of Sarpanch of Village Gram Panchayat Jasdev Singh Nagar. It is the case of the petitioners that vide notification dated

9.5.2008 issued by the Deputy Commissioner, Ludhiana under Section 12 of the Punjab Panchayati Raj Act (hereinafter referred to as `the Act'), the office of Sarpanch of Village Gram Panchayat Thakarwal was reserved for SC (Woman) and the office of Sarpanch of Village Gram Panchayat Jasdev Singh Nagar was reserved for General Category. Both the villages are existing in Block Ludhiana-I. It is further the case of the petitioners that vide Corrigendum dated 28.6.2008, the aforesaid reservation was inter-changed without any basis to the effect that the office of Sarpanch of Village Gram Panchayat Thakarwal was now reserved for General Category, whereas the office of Sarpanch of Village Gram Panchayat Jasdev Singh Nagar was reserved for SC (Woman). Therefore, the said Corrigendum was illegal and contrary to the Scheme of reservation and provisions of Section 12 of the Act. On the other hand, in CWP No.14366 of 2008, petitioner Yadwinder Kaur was elected as a Panch from the seat reserved for SC (Woman). The contention of the counsel for the petitioner is that vide aforesaid Corrigendum , the office of Sarpanch of Village Gram Panchayat Jasdev Singh Nagar was reserved for SC (Woman), but instead, a Panch belonging to General Category was elected as Sarpanch of the Gram Panchayat, therefore, his election be set aside. It is pertinent to mention here that earlier one Bant Singh, elected Panch of Village Gram Panchayat Jasdev Singh Nagar, had filed C.W.P. No.12809 of 2008 and anr. -3- CWP No.12893 of 2008 titled as `Bant Singh vs. The State of Punjab and others', challenging the Corrigendum dated 28.6.2008 qua the reservation of the office of Sarpanch of Village Gram Panchayat Jasdev Singh Nagar. In that writ petition, a contention was raised that the said Corrigendum was illegally issued without any basis. In the said writ petition, the respondent- State made a statement that the Corrigendum dated 28.6.2008 was not implemented and on 31.7.2008 the election of the office of Sarpanch was held as per the previous notification dated 9.5.2008 and a Panch belonging to `General Category' was already elected as Sarpanch of the Gram Panchayat. On the said statement, the said writ petition was dismissed as infructuous vide order dated November 18, 2008. Now, admittedly the election of the office of Sarpanch of Village Thakarwal was held on 2.8.2008 on the basis of the Corrigendum dated 28.6.2008 and in that village, Panch belonging to General Category was elected as Sarpanch. The net result is that from both the villages, i.e. Thakarwal and Jasdev Singh Nagar, two Panches belonging to General Category have been elected as Sarpanches of both the Gram Panchayats. In our opinion, this has disturbed the ratio of reservation which was made in Block Ludhiana-I in accordance with Section 12 of the Act read with Rule 3 of the Punjab Reservation for the Offices of Sarpanches of Gram Panchayat and Chairman and Vice-Chairman of Panchayat Samiti and Zila Parishad (Second Amendment) Rules, 2008. Shri Sumer Singh Gurjar, Deputy Commissioner, Ludhiana, who is present in the Court in terms of our earlier interim order dated

17.12.2008, states that a decision was already taken not to implement the aforesaid Corrigendum and that decision was implemented on 31.7.2008 C.W.P. No.12809 of 2008 and anr. -4- and the election of Sarpanch of Village Gram Panchayat Jasdev Singh Nagar was held as per earlier notification dated 9.5.2008 (Annexure P-1), but somehow or the other, by mistake, the election of Sarpanch of Village Gram Panchayat Thakarwal was conducted on 2.8.2008 on the basis of Corrigendum dated 28.6.2008 by electing the Sarpanch belonging to General Category instead of `SC (Woman)'. In that situation, the ratio of reservation in the Block has been disturbed. Therefore, it has now been decided that the said election, which was held on 2.8.2008, was held by mistake and was void ab-initio, and the same shall be withdrawn and fresh election of the Sarpanch of Village Gram Panchayat Thakarwal will be held as per the earlier notification dated 9.5.2008 in accordance with law within a period of three weeks. The Deputy Commissioner states that the earlier D.O. letter which was written to Advocate General's office, was not based on correct appreciation of facts and now what has been stated today is legally correct. In our opinion, the stand taken by the Deputy Commissioner in the Court is fair and reasonable and in accordance with the Scheme and the reservation policy. In view of the said statement made by the Deputy Commissioner, counsel for the petitioner in CWP No.12809 of 2008 does not want to press this petition and the same is hereby dismissed as not pressed. However, CWP No.14366 of 2008 is dismissed. Copy of this order, duly attested by the Bench Secretary of this Court, be given to the learned Additional Advocate General, Punjab. (SATISH KUMAR MITTAL) JUDGE December 22, 2008 ( JASWANT SINGH ) JUDGE