IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 10763 of 2008 DATE OF DECISION : 17.11.2008 Balwinder Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Raj Kumar Garg, Advocate, for the petitioner. Mr. M.S. Sindhu, Addl. A.G., Punjab, for the respondents. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who has been elected as Panch of Gram Panchayat Village Patti Nangli, District Hoshiarpur, which consists of 5 Panches, has filed this petition under Articles 226/227 of the Constitution of India, challenging the reservation of one seat of Panch for the category of Scheduled Caste, made under Section 11 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act'), on the ground that at present, the total population of the Scheduled Caste category in the village is only 5. In the written statement, filed on behalf of the respondents, it has been specifically stated that as per the census report of 2001, the total CWP No. 10763 of 2008 -2- population of Village Patti Nangli was 657, out of which 87 persons were belonging to the Scheduled Caste category and 570 persons were from the Backward Class category. It has been further stated that as per the definition of `population' as defined under Section 2 (zn) of the Act, reservation of the office of Panches is to be made under Section 11 of the Act on the basis of the population given in the last census report i.e. of the year 2001. Since in the said report, population of the Scheduled Caste category has been shown as 87, one seat was reserved for Scheduled Caste category. In view of the aforesaid averments, we do not find any illegality in reserving one seat for the Scheduled Caste category under Section 11 of the Act. The only contention raised by learned counsel for the petitioner to the effect that at present, the population of Scheduled Caste category in the village is 5, cannot be accepted, because as per Section 11 of the Act, reservation of Panches for different categories has to be made only on the basis of the population as recorded in the last census report. Consequently, we do not find any merit in the instant petition and the same is, hereby, dismissed. ( SATISH KUMAR MITTAL ) JUDGE November 17, 2008 ( JASWANT SINGH ) ndj JUDGE