IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7676 of 2008 DATE OF DECISION : 08.12.2008 Punjab Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Sandeep Bansal, Advocate, for the petitioner. Mr. N.D.S. Mann, Addl. A.G., Punjab, for respondents No.1 to 3. Mr. Vikram Singh, Advocate, for respondents No.4 and 5. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 3.5.2008, whereby his nomination paper to contest the election of Member, Block Samiti, Bhunga, from Bassi Ballo Zone, was rejected on the ground that he was defaulter of Co-operative Society, Bassi Wajid. Written statement on behalf of respondent No.3 has been filed in Court today. The same is taken on record and its copy has been handed over to counsel for the petitioner. CWP No. 7676 of 2008 -2- It is the case of the petitioner that neither under Section 208 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act') nor under Rule 11 of the Punjab Panchayat Election Rules, 1994 (hereinafter referred to as `the Rules'), there is any disqualification providing disqualification of an electoral from being a member of a Panchayat Samiti on the ground that he is a defaulter of a Co-operative Society. While issuing notice of motion, the Returning Officer was directed to provisionally accept the nomination paper of the petitioner and under the said interim order, the nomination paper filed by the petitioner was accepted and he contested the election. Undisputedly, the petitioner has been elected from the said Zone. Separate written statements have been filed on behalf of respondent No.3 and respondents No.4 and 5. During the course of hearing, counsel for respondents No.1 to 3 as well as counsel for respondents No.4 and 5 have conceded the case of the petitioner and they submit that neither under Section 208 of the Act nor under Rule 11 of the Rules, there is any provision, which disqualifies a defaulter of a Co-operative Society from contesting the election of the Panchayat, Panchayat Samiti or Zila Parishad. In view of the aforesaid consensus of counsel for the respondents, this writ petition is allowed and it is held that the petitioner was fully eligible to contest the election of the Member of the said Zone, to CWP No. 7676 of 2008 -3- which he has been elected. The respondents are directed to notify the name of the petitioner as elected member of Block Samiti, Bhunga, from Bassi Ballo Zone. ( SATISH KUMAR MITTAL ) JUDGE December 08, 2008 ( JASWANT SINGH ) ndj JUDGE