IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12759 of 2008 DATE OF DECISION: SEPTEMBER 26, 2008 Jaspal Singh and others .....PETITIONERS Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr. A.S.Manaise, Advocate, for the petitioners. Mr.M.S.Sindhu, Addl.A.G., Punjab, for the respondents. .. SATISH KUMAR MITTAL, J. (Oral) The petitioners, who are three elected Panches of Gram Panchayat of Village Fattupur Khurd, Block and Tehsil Dera Baba Nanak, District Gurdaspur, have filed this petition under Articles 226/227 of the Constitution of India for issuing direction to the respondents to hold the election of Sarpanch of the said Gram Panchayat. It is the case of the petitioners that the office of Sarpanch of the Gram Panchayat has been reserved for Scheduled Caste category and the respondents are not conducting the election of the Gram Panchayat because only one person, namely, Daljit Singh, has been elected as a Panch from the reserved category of Scheduled Caste and since his name has not C.W.P. No.12759 of 2008 -2- been seconded by any one belonging to that category, therefore, the election of Sarpanch could not be held. At the time of arguments, counsel for the respondents pointed out that as per the Proviso to sub-rule (1) of Rule 45 of the Punjab Panchayat Election (First Amendment) Rules, 2008 (hereinafter referred to as `the Rules'), which has been amended vide notification dated June 4, 2008, for election of Sarpanch of the reserved category of Scheduled Castes or Women, either the proposer or seconder belonging to the same reserved category is required and since one person of the same category has proposed the name of Daljit Singh, therefore, the respondents are going to conduct the meeting of the Panchayat for the election of Sarpanch as per the said rule. In view of the aforesaid stand taken by the respondents, we dispose of this writ petition with a direction to the respondents to call the meeting of the Panchayat and hold the election of Sarpanch in accordance with Proviso to sub-rule (1) of Rule 45 of the Rules. (SATISH KUMAR MITTAL) JUDGE September 26, 2008 ( JASWANT SINGH ) vkg JUDGE