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2008 DIGILAW 1579 (PNJ)

Sampuran Singh v. State of Punjab

2008-09-15

JASWANT SINGH, SATISH KUMAR MITTAL

body2008
JUDGMENT Satish Kumar Mittal, J. - Petitioner, who is elected Panch of Village Nidhana, Block Guru Har Sahai, Tehsil Jalalabad (W) District Ferozepur, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No. 8 on the ground that the petitioner being elected as Panch from the reserved category of Scheduled Caste is the only eligible candidate to contest the election of Sarpanch, which is reserved for the category of Scheduled Caste. 2. It is the case of the petitioner that since the respondent No. 8, who belongs to S.C. Category, has been elected as Panch against the seat reserved for the General Category, as such, he was not eligible to contest the election for the office of Sarpanch, which is reserved for the category of Scheduled Caste. 3. On the other hand, learned counsel for the respondents while referring to the decision of Honble Supreme Court in Kasambhai F Ghanchi v. Chandubhai D Rajput and others, (1998-2)119 PLR 611, submitted that any Panch, who belongs to the Scheduled Caste Category can contest the election of the office of Sarpanch of the Gram Panchayat, which was reserved for Scheduled Caste Category by producing a Scheduled Caste certificate even though such person was elected as a Panch against the seat served for General Category. 4. Thus, the controversy in this writ petition is whether a Panch, who was elected as such against the seat reserved for General Category, is eligible to contest the election of the office of Sarpanch, which is reserved for the category of Scheduled Caste. 5. We are of the opinion that a Panch belonging to the Scheduled Caste is eligible to contest the election of the office of Sarpanch, which is reserved for Scheduled Caste by producing a Scheduled Caste Certificate. He cannot be prevented to contest the election only on the ground that he was elected as Panch against the seat reserved for General Category. 6. A bare reading of Sub Section (1) of Section 12 of the Panchayati Raj Act, 1994 makes it clear that the number of the offices of Sarpanch of the Gram Panchyat in the district shall be reserved for Scheduled Castes proportionately to the population of the Scheduled Castes in the District. 6. A bare reading of Sub Section (1) of Section 12 of the Panchayati Raj Act, 1994 makes it clear that the number of the offices of Sarpanch of the Gram Panchyat in the district shall be reserved for Scheduled Castes proportionately to the population of the Scheduled Castes in the District. This Section does not provide that only a Panch, who has been elected as such against the seat reserved for Scheduled Caste can only contest the election of the office of Sarpanch, which is reserved for the category of Scheduled Caste. 7. In our opinion, any Scheduled Caste, whether he has been elected as Panch against the seat reserved for General Category or reserved category of Scheduled Caste, can contest the election of the office of Sarpanch, which, is reserved for Scheduled me Court in Kasambhai F Ghanchis case (supra) has held that a candidate belonging to a Backward Class, who has been elected from an unreserved seat, is eligible to contest the election for the post of President of the Municipal Committee, which was reserved for a Backward Class candidate, while making the following observations : "The Act and the Rules provide the reservation for Scheduled Castes, Scheduled Tribes, Backward Classes and women. No reservation or classification is made ward-wise. To put it differently all members of the Scheduled Castes, for example, will be regarded as belonging to one class irrespective of the fact whether they had been elected to a reserved seat or to a general seat. Similar is the position with regard to the Backward Classes, Scheduled Tribes and women. The law does not contemplate or provide for any further sub- classification of the type which has been suggested by the respondents. Just as all members of the municipality, irrespective of the fact whether they had been elected to a reserved seat or not, are eligible for election to the post of the President when it falls in the general category, similarly when as per the President is to be one who, say, belongs to the category of Scheduled Caste, irrespective of the seat to which they had been elected, would be eligible to stand for election. Neither the Act nor the rules stipulate that it is only such a member who has been elected to the reserved seat, who would be eligible to stand for election to the post of President when it is the turn of that category of candidate to become the President of the municipality." The question involved in this writ petition is squarely covered by the decision of the Honble Supreme Court." In view of the aforesaid discussion, we hold that respondent No. 8 being a Scheduled Caste, who was elected as Panch from the reserved category of General, was fully eligible to contest the election of the office of Sarpanch; which was reserved for Scheduled Caste. Dismissed. Appeal dismissed.