FAO No. 4768 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- FAO No. 4768 of 2009 (O&M) Date of decision: September 24, 2009 Jagdish Lal ........ Appellant Versus Election Tribunal and others .......Respondents Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. R K Girdhar, Advocate for the appellant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. This is an appeal against the order 12.08.2009 passed by the Election Tribunal-cum-Deputy Director, Urban Local Bodies, Ferozepur, whereby the election petition filed by the appellant has been dismissed. Facts of the case, in brief, are that as per Notification of the Punjab Government Department of Rural Development and Panchayats, the Gram Panchayat of Village Chak Nidhana consists of 7 Panches, out of which three posts were reserved for General (Men), two posts were reserved for General (Ladies), one post was reserved for Scheduled Caste and one post was reserved for Backward Class candidate. For the post of S.C. Panch, Jagdish FAO No. 4768 of 2009 (O&M) 2 Lal, appellant and Reshma Bai, respondent No. 2, had filed their nomination papers. As per the result sheet, the appellant secured 255 votes, whereas respondent No. 2 secured 285 votes. As such, respondent No. 2 was declared as elected Panch from S.C. Category. The appellant, herein, challenged the aforesaid order passed by the Election Tribunal, solely on the ground that since there was no post reserved for S.C. (Women), the post reserved for S.C. was to be assumed as reserved for S.C. (Men), and as such, the nomination papers filed by respondent No. 2 were liable to be rejected outrightly and her election was liable to be set aside, but the Election Tribunal has wrongly and illegally declared respondent No. 2 as elected Panch from S.C. (Women) category. While dismissing the election petition filed by the appellant, the learned Election Tribunal held as follows:- “Thus, Smt. Reshma Bai, respondent No. 1, was rightly declared as elected Panch from S.C. Category. As per law, a S.C. Woman can also contest the election for the post of Scheduled Caste Panch. It may also be mentioned that the post of Sarpanch of Gram Panchayat Chak Nidhana is of Scheduled Caste, and not of Scheduled Caste (Man), as alleged by the petitioner.” The impugned order has been challenged on the ground that the Election Tribunal has failed to appreciate the notification, wherein it is specifically stated that no post for the office of Panch meant for S.C. (Women) category is reserved whereas, the nomination papers filed by respondent No. 2 show that she filed her nomination papers only for the office of Panch meant FAO No. 4768 of 2009 (O&M) 3 for S.C. (Women) category and not for S.C. Category. Learned counsel for the appellant has been heard. Learned counsel for the appellant has not denied that the post was reserved for Scheduled Caste Panch, and not for Scheduled Caste (Male). No distinction qua male or female has been provided for while reserving the seat exclusively for a scheduled caste candidate. Thus, respondent No. 2, Reshma Bai, being otherwise eligible, was rightly declared as elected against the seat reserved for scheduled caste Panch, which was neither specifically reserved for a male, nor, for a female candidate and both were equally eligible for the same. Thus, any candidate whether male or female, belonging to scheduled caste category, who secures the maximum numbers of votes, is entitled to be declared as elected. As such, Respondent No. 2, Reshma Bai, having secured more votes than the appellant was rightly declared elected against the seat reserved for S.C. Panch. Accordingly, the present petition is dismissed being devoid of merits. (Nirmaljit Kaur) Judge September 24, 2009 mohan