IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH C.W.P.No.12191 of 2008 Date of decision: 15.10.2008 Bimlesh ......Petitioner(s) Versus State of Punjab and Others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.K. Garg, Advocate for the petitioner. Mr. M.S. Sindhu, Addl.A.G, Punjab for respondents No.1 to 3. Mr. Surinder Garg, Advocate for respondent No.4. SATISH KUMAR MITTAL,J(ORAL) Since the facts of the case are not disputed, therefore, without waiting for the written statement, we hear the counsel on the merits of the case. Petitioner, who has been elected as Panch of Gram Panchayat of Village Mubarakpur, Block Dera Bassi, District Mohali from the reserved category of Woman, has filed this petition under Articles 226/227 of the Constitution of India for challenging the election of respondent No.4 as Sarpanch of the said Gram Panchayat on the ground that she is not eligible to contest the election of Sarpanch of the said Gram Panchayat, which is reserved for Category of Woman and in view of the Instruction dated 27.5.2008 (Annexure P.3), she has been wrongly permitted to contest the election of the office of Sarpanch. After hearing counsel for the parties, we do not find any merit in this petition. Undisputedly, the office of Sarpanch of the said Gram Panchayat is reserved for Woman and respondent No.4 has been elected as Panch from the general category, though she is a Woman. As far as the petitioner is concerned, she has been elected as Panch from the reserved category of Woman. The contention of counsel for the petitioner is that the petitioner and the other lady, who has been elected as Panch against C.W.P.No.12191 of 2008 #2# reserved category of woman, are the only eligible candidates to contest the election of Sarpanch, which is reserved for Woman. We are not inclined to accept this contention as this controversy has already been decided by this Court in CWP No.12199 of 2008, titled as Rami Saini vs. State of Punjab and Others, decided on 3.9.2008 wherein it has been held that a Panch, who has been elected from the seat reserved for Woman is fully eligible to contest the office of Sarpanch, which has been reserved for General Category. Vice-versa a woman, who has been elected as Panch from the seat reserved for the General Category is fully eligible to contest the election of the office of Sarpanch, which is reserved for woman, being a woman. Accordingly, in view of the decision of this Court in the aforesaid CWP No.12199 of 2008, there is no merit in this petition and the same is, hereby, dismissed. ( SATISH KUMAR MITTAL ) JUDGE October 15, 2008 ( JASWANT SINGH ) manoj JUDGE