CWP No. 12006 of 2008 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 12006 of 2008 Date of Decision: 16.7.2008 Jasbir Singh Khangura ......Petitioner through Mr. Mansur Ali and Mr. H.S.Deol, Advocates versus State of Punjab and another .......Respondents through Mr. Amol Rattan Singh, Addl. A.G. Punjab CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN, CHIEF JUSTICE HON'BLE MR. JUSTICE MAHESH GROVER 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ***** Vijender Jain, Chief Justice (Oral) Mr. Amol Rattan Singh, Addl. A.G. Punjab has placed before us a Notification dated 4.6.2008 amending the Punjab Panchayati Election Rules, 1994. Sub Rules 2 to 7 of Rule 45, as amended by the aforesaid notification, are relevant for adjudication of the matter, which are to the following effect:- 45. Election of Chairman, Vice Chairman of Panchayat Samiti and Zila Parishad and Sarpanch of Gram Panchayat : (1) X xx x x x x x x (2) Two third of the total number of members shall CWP No. 12006 of 2008 [2] constitute a quorum. (3)As soon, as the members have assembed at the appointed time and place, the Presiding Officer shall call upon the members present to propose candidates for the three offices and every proposal shall also be seconded by a member. The names of the candidates, their proposers and seconders shall be recorded in Form-XI and read out by the Presiding Officer to the members present. (4)If at the first meeting, there is no quorum as specified in sub rule (2), the Presiding Officer shall adjourn the meeting. (5)When a meeting is adjourned under sub-rule (4), another meeting shall be convened by the Presiding Officer by giving not less than twenty four hours notices to the members. (6)No quorum shall be necessary for the second meeting. (7)If there are two or more candidates for a seat of Chairman or Vice Chairman or Sarpanch, the votes of the members, present at the meeting, shall be taken by ballot in Form-XII. A copy of the result of the election, so held, shall immediately, be sent by the concerned officer, conducting election to the District Electoral Officer, the Election Commissioner and the State Government with a copy of elected candidate.” CWP No. 12006 of 2008 [3] Sub Rule (7) of Rule 45 ibid provides that if there are two or more candidates for a seat of Chairman or Vice Chairman or Sarpanch, the votes of the members present at the meeting shall be taken by ballot in Form XII, that means that if election has to take place, then it has to be by a ballot. The ballot which has been prescribed under Sub Rule 7 Rule 45 necessarily has to be a secret ballot. With these observations, no further directions are required to be passed in this petition and the same stands disposed of. (VIJENDER JAIN) CHIEF JUSTICE (MAHESH GROVER) 16.07.2008 JUDGE 'ravinder'