C.W.P. No. 13546 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 13546 of 2008 DATE OF DECISION: NOVEMBER 19, 2008 Nirbhai 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.G.S. Punia, Advocate, for the petitioners. Mr.N.D.S.Mann, Addl.A.G.,Punjab, for the respondents. .. SATISH KUMAR MITTAL, J. The petitioners, who are the elected Panches of Gram Panchayat of Village Saunti, have filed this petition under Article 226 of the Constitution of India for quashing the notification dated 10.5.2008 (Annexure P7), whereby the office of Sarpanch of said Gram Panchayat has been reserved for Scheduled Caste category by superseding the earlier notification dated 13.3.2008 (Annexure P6), in which the office of Sarpanch was reserved for General Category; and in the alternative for issuing direction to the respondents to permit the elected Panches of the Village Gram Panchayat to elect the Sarpanch from the General Category as no Scheduled Caste Panch is ready to hold the office of Sarpanch. Undisputedly, Gram Panchayat of Village Saunti consists of C.W.P. No. 13546 of 2008 -2- nine Panches, out of them, as per the notification issued under Section 11 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act'), two seats were reserved for Scheduled Castes, one for SC (Woman), two for Women and four were meant for General Category. Initially, vide notification dated 13.3.2008, the reservations for the offices of Sarpanches of the Gram Panchayats under Section 12 of the Act were made district wise, but subsequently, in view of the amendment made in sub-rule (3) of Rule 3 of the Punjab Reservation for the Offices of Sarpanches of Gram Panchayats and Chairmen and Vice-Chairmen of Panchayat Samitis and Zila Parishad Rules, 1994 vide notification dated 10.4.2008, the reservations for the offices of Sarpanches of the Gram Panchayats under Section 12 of the Act were made block-wise. Accordingly, notification dated 10.5.2008 (Annexure P7) was issued reserving the offices of Sarpanches of the Gram Panchayats of Block Amloh, whereby the office of Sarpanch of Village Saunti was reserved for Scheduled Caste category. The validity of the said amendment and reserving the offices of Sarpanches of the Gram Panchayats block-wise was challenged in Harmeet Singh v. Punjab State Election Commission and others (CWP No.8468 of 2008, decided on 29.5.2008), which has been upheld by a Division Bench of this Court. In the written statement filed on behalf of respondent No.3, it has been categorically stated that the earlier notification dated 13.3.2008 was superseded by the fresh notification dated 10.5.2008 in order to make the reservation for the offices of Sarpanches of the Gram Panchayats block- wise, on the basis of population. This factual and legal position has not been controverted by the counsel for the petitioners. As far as the second contention is concerned, the prayer of the C.W.P. No. 13546 of 2008 -3- petitioners cannot be accepted because as per Section 12 of the Act, the office of Sarpanch of Village Saunti has been reserved for Scheduled Caste category. This Court cannot issue direction to the respondents to permit the petitioners to elect the Sarpanch from the General Category merely because no Scheduled Caste Panch is ready to hold the office of Sarpanch. Undisputedly, out of nine Panches, three Panches belonging to Scheduled Caste category have been elected and all the three are eligible to be elected as Sarpanch of the Gram Panchayat. Still, in case nobody intends to contest the election and the office of Sarpanch remains vacant due to non- availability of a candidate, then it may be open for the respondents to change the reservation for the office of Sarpanch from one village to another, but this Court cannot issue any direction to the respondents to permit the petitioners to elect the Sarpanch of the Gram Panchayat from the General Category, when the said office is reserved for Scheduled Caste category. Dismissed. (SATISH KUMAR MITTAL) JUDGE November 19, 2008 ( JASWANT SINGH ) vkg JUDGE