IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 8571 of 2008 DATE OF DECISION : 01.12.2008 Saba Masih .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Ms. Sushma Chopra, Advocate, for the petitioner. Mr. N.D.S. Mann, Addl. A.G., Punjab, for the respondents. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuance of writ of mandamus directing respondent No.3 to declare the petitioner as elected Panch of Gram Panchayat, Village Mangian, District Gurdaspur, against the seat reserved for Backward Class. Reply by respondent No.3 has been filed in Court today. The same is taken on record and its copy has been handed over to counsel for the petitioner. In the present case, the Gram Panchayat, Village Mangian consists of 5 Members, out of whom, one seat is reserved for Backward CWP No. 8571 of 2008 -2- Class. It is the case of the petitioner that he filed his nomination paper against the seat reserved for Backward Class category. Though the petitioner was the only candidate in the said category, but his result was not declared. Hence, this petition has been filed. In the written statement, the reservation of one seat of Panch for the Backward Class category has not been disputed. However, it has been stated that against the said reserved seat, 3 persons filed nomination papers and all those nomination papers were rejected for various reasons. It has also been stated that as far as the said seat reserved for Backward Class category is concerned, the same is still lying vacant. In view of the aforesaid facts and after hearing learned counsel for the parties, we dispose of this writ petition with a direction to respondent No.2 to re-conduct the election of the said seat of Panch, reserved for Backward Class category, within 6 weeks from today, in accordance with law. It will be open for the petitioner and the other Backward Class candidates to file their nomination papers in accordance with law, to contest the election of Panch against the said seat. Dasti on payment of usual charges. ( SATISH KUMAR MITTAL ) JUDGE December 01, 2008 ( JASWANT SINGH ) ndj JUDGE