FAO No.2451 of 2010 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2451 of 2010 (O&M) Date of decision:30.09.2010. Bagicha Singh ...Appellant Versus Election Tribunal, Ferozepur and others ...Respondents CORAM: HON’B LE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Sameer Sachdeva, Advocate, for the appellant. Mr. Sunil Narang, Advocate, for respondent Nos.2 to 4. Mr. J.S.Saggi, Advocate, for respondent No.5. ***** RAKESH KUMAR JAIN, J. The unsuccessful election petitioner is in appeal against the order of SDM-cum-Election Tribunal, Ferozepur, dated 28.10.2009 by which his election petition has been dismissed. In brief, in the election dated 26.05.2008 held to constitute for the Gram Panchayat of village Basti Soun Singh (Gurditi Wala), Tehsil Zira, District Ferozepur, following five Panches were elected: - 1. Bagicha Singh (SC Male category) 2. Gurmej Singh (General Male category) 3. Joginder Singh (General Male category) 4. Paramjit Kaur (General Female category) 5. Kulwant Kaur (General Female category) FAO No.2451 of 2010 (O&M) -2- ***** The post of Sarpanch of Gram Panchayat Basti Soun Singh was reserved for SC (Male) category. Joginder Singh, who was elected from General (Male) category, also contested the election of Sarpanch in SC (Male) category on the basis of a Scheduled Caste Certificate No.3441 dated 28.07.2008 issued by the Tehsildar, Zira, according to which he was a Majhabi Sikh which comes within the Schedule Caste category. Joginder Singh was successful in the election and was elected as Sarpanch. His election was questioned by the appellant by way of election petition on the ground that Joginder Singh (respondent No.2 herein), in fact, belongs to Christian caste and was not a Scheduled Caste candidate. In support of his case, the election petitioner produced his pedigree table and also produced affidavits of Jarnail Singh S/o Arjan Singh and Baldev Singh S/o Ranjit Singh, both residents of village Basti Soun Singh Wali, Dakhi Gurditiwala. According to learned counsel for the appellant, as per pedigree table, Joginder Singh (respondent No.2) was a Christian. The learned Election Tribunal, in its impugned order, observed that as per Punjab Government Circular letter No.DPE.1/2008/17640-17660 dated 27.05.2008 issued by the Secretary-cum-Director, Rural Development and Panchayats, Punjab, Chandigarh, if a person belongs to Scheduled Caste wins the election as Panch on General category seat, in that case, the said person is eligible to contest the election for Sarpanch, which is reserved for Scheduled Caste category. Learned Election Tribunal further observed that in the meeting dated 12.09.2008, which was held in the office of Block Development and Panchayat Officer at 3.00 pm, Joginder Singh (respondent No.2) produced Scheduled Caste certificate issued by the Tehsildar, Zira and in terms of the circular referred to above, he was allowed to contest the election of Sarpanch. Respondent No.2 got majority of votes from the members of elected Panches and as such, he was declared elected. In this appeal, learned counsel for the appellant has only referred to the evidence which he had led before the learned Election Tribunal to contend that respondent No.2 belongs to Christian caste and is FAO No.2451 of 2010 (O&M) -3- ***** not a Majhabi Sikh. I am afraid that this argument of learned counsel for the appellant cannot be accepted because statements of two residents of the same village or the pedigree table, which is sought to be relied upon, could not be weighed over and above the Scheduled Caste Certificate No.3441 dated 28.07.2008 issued by the Tehsildar, Zira in favour of respondent No.2, according to which he belongs to Majhabi Sikh Caste, which is a Scheduled Caste. To my mind, the Scheduled Caste Certificate issued by the State to respondent No.2, would prevail and in these circumstances, I do not find any merit in the present appeal and as such, the same is hereby dismissed. However, the parties shall bear their own costs. September 30, 2010. (RAKESH KUMAR JAIN) vinod* JUDGE