Civil Writ Petition No. 11901 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 11901 of 2010 Date of Decision: 9.7.2010 Gurmail Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Virinder Kumar Shukla, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed by the petitioner assailing order dated 26.4.2010 (Annexure P9), passed by the Appellate Authority, whereby the appeal of respondent No.5 was accepted and order of her removal from the office of Panch was set aside. Throughout the litigation, stand of the petitioner has been that the election of respondent No.5-Jaswinder Kaur as a Panch should be set aside because her husband and her brothers are in possession of 1 kanal 14 marlas of land belonging to Panchayat. Therefore, she was disqualified to contest the election. Learned counsel for the petitioner has drawn my attention, especially, to clauses (j) and (k) to Section 208 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as “1994 Act”) which prescribe disqualification for membership of Panchayat. It is apt to notice these Civil Writ Petition No. 11901 of 2010 2 clauses, which read as under:- “(j) is a tenant or lessee or contractor or shareholder in any property of the Gram Panchayat, Panchayat Samiti and Zila Parishad; or (k) is in unauthorized occupation of property belonging to any local authority”. Learned counsel is unable to satisfy this Court as to how any wrong, on the part of a spouse or any close relative will fasten any disqualification to the candidate. We are not living in a feudal State where for an act of omission and commission of a husband, wife can be penalized. Therefore, on this score alone, no interference is warranted in the order passed by the Appellate Authority. Hence, the present writ petition is devoid of any merit and the same is dismissed in limine. (Kanwaljit Singh Ahluwalia) Judge July 9, 2010 “DK”