FAO 5867of 2009 (O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on 06.1.2010. Kuldip Singh Panch and others -- Appellants vs. Kulwinder Kaur and others --Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.D.S.Pheruman,Advocate, for the appellants Rakesh Kumar Jain, J: (Oral) Elections for the Gram Panchayat Chet Singh Wala, Block Jandiala Guru, District Amritsar, were held on 26.5.2008 for the post of five panches in which Kuldip Singh, Balkar Singh and Lakhwinder Singh were elected. In terms of Section 12 of The Punjab Panchayati Raj Act, 1994 ( for short,'the Act'), by way of notification dated 15.6.2008, post of Sarpanch of Gram Panchayat Chet Singh Wala was reserved for Scheduled Castes (Women). Kewal Singh, Superintendent Block Samiti Jandiala Guru was appointed as Presiding Officer for conducting the election of the office of Sarpanch of Gram Panchayat Chet Singh Wala for which he issued a notice to all the panches for a meeting fixed for 30.7.2008. Allegedly in the said meeting, all the five panches had FAO 5867of 2009 (O&M) 2 participated. Sukhwinder Kaur proposed the name of Kulwinder Kaur, but there was no one to second her. Thereafter, Lakhwinder Singh proposed the name of Kuldip Singh which was seconded by Balkar Singh and it is alleged that he was declared Sarpanch, but later on, under the influence of a local M.L.A, Kulwinder Kaur was declared as Sarpanch in the alleged proceedings dated 04.8.2008. Thus, three male panches namely, Kuldip Singh, Balkar Singh and Lakhwinder Singh filed an election petition under Section 76 of the Punjab State Election Commission Act, 1994 (for short 'the Act of 1994') and Rules 50 and 51 of the Punjab Panchayati Raj Election Rules, 1994 (for short 'the Rules'), assailing the election of Kulwinder Kaur, to the post of Sarpanch and also for declaring Kuldip Singh as Sarpanch instead. The learned Election Tribunal vide its order dated 18.8.2009, partly allowed the petition by setting aside the election of Kulwnder Kaur and rejecting the prayer of the appellants muchless Kuldip Singh to declare him elected for the office of Sarpanch. It was rather observed that process of the election for the post of Sarpanch reserved for Scheduled Caste (Women) shall be initiated in accordance with law. Aggrieved against the order dated 18.8.2009 whereby Kuldip Singh has not been declared elected and initiation of process of election for the post of Sarpanch Scheduled Castes (Women) has been ordered, the present appeal has been filed in which it has been, inter-alia, argued by the learned counsel for the appellants that once election of Kulwinder Kaur has been set aside, as a necessary corollary, Kuldip Singh (Appellant no.1) should have been declared elected and the election petition should have been allowed in toto. He further submits that in case, the learned Tribunal FAO 5867of 2009 (O&M) 3 has found that the election of Kuldip Singh (appellant No.1) was not in accordance with law, the only remedy for him was to file an election petition for setting aside his election and since there is no election petition, the election held on 30.7.2008 cannot be ignored or could be held to be illegal. I have heard learned counsel for the appellants and have perused the record. Undisputedly, the office of Sarpanch can be reserved in terms of Section 12 of the Punjab Panchayati Raj Act, 1994, which reads as under:- Reservation of seats for the office of Sarpanch (1) Offices of Sarpanch of Gram Panchayats in the district shall be reserved for Scheduled Castes and the number of such offices shall bear, as nearly as may, the same proportion to the total number of offices of Sarpanches in the district as the population of Scheduled Castes in the district bears to the total population of the district. (Provided that not less than one-third of the total number of offices of Sarpanch of Gram Panchayats in the district shall be reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes) (Substituted vide Punjab Act 9 of 1998 w.e.f. 1.10.1997) (2) Not less than one-third of the total number of offices of Sarpanches in the district shall be reserved for women including such offices, reserved for women belonging to Scheduled Castes under sub- section (1). (3) There shall be no reservation in the offices of Sarpanches for Backward Classes. FAO 5867of 2009 (O&M) 4 (4) The offices reserved under this Section shall be allotted by rotation to the different 2 (Gram Panchayats at the time of every general election) (Substituted for the words “Gram Panchayats” vide Punjab Act No.15 of 1998) in such manner as may be prescribed. Explanation- For the removal of doubts it is hereby declared that the principle of rotation for the purpose of reservation of offices under sections 2 and 12 shall commence from the first election to be held after the commencement of this Act”. In view of the aforesaid provisions of law, admittedly, the Government of Punjab had issued a notification dated 15.6.2008 reserving the post of Sarpanch for Scheduled Caste (Women), meaning thereby the office of Sarpanch of village Chet Singh Wala, could not have been occupied by election or otherwise by a person who is not a Scheduled Caste (Woman). The proceedings which had taken place on 30.7.2008 in which name of Kulwinder Kaur was proposed by Sukhwinder Kaur and there was no one to second her name as required under Rule 45 of the Rules, does not empower the Returning Officer to allow a male candidate from General Category to contest for the post of Sarpanch reserved for Scheduled Caste (Women). Therefore, in my opinion, the proceedings held on 30.7.2008 are per-se illegal for which no election petition is required and the learned Election Tribunal had rightly take a decision while deciding issue No.1 holding that the appellants muchless appellant No.1. in the given facts and circumstances of the case, could not have been declared as elected Sarpanch in the proceedings dated 30.7.2008. No other argument has been raised by the learned counsel for the appellants. FAO 5867of 2009 (O&M) 5 In view of the above, I do not find any illegality in the impugned order dated 18.8.2009 passed by the learned Election Tribunal, Amritsar, Hence, the present appeal is dismissed in limine without any order as to costs. January 06,2010 (Rakesh Kumar Jain) RR Judge