KULDIP SINGH PANCH Vs. KULWINDER KAUR

JUDGEMENT

(1.) Elections for the Gram Panchayat Chet Singh Wala, Block Jandiala Guru, District Amritsar, were held on 26.5.2008 for the post of five panches in which Kuldip Singh, Balkar Singh and Lakhwinder Singh were elected.

(2.) In terms of Section 12 of The Punjab Panchayati Raj Act, 1994 (for short, 'the Act'), by way of notification dated 15.6.2008, post of Sarpanch of Gram Panchayat Chet Singh Wala was reserved for Scheduled Castes (Women). Kewal Singh, Superintendent Block Samiti Jandiala Guru was appointed as Presiding Officer for conducting the election of the office of Sarpanch of Gram Panchayat Chet Singh Wala for which he issued a notice to all the panches for a meeting fixed for 30.7.2008. Allegedly in the said meeting, all the five panches had participated. Sukhwinder Kaur proposed the name of Kulwinder Kaur, but there was no one to second her. Thereafter, Lakhwinder Singh proposed the name of Kuldip Singh which was seconded by Balkar Singh and it is alleged that he was declared Sarpanch, but later on, under the influence of a local M.L.A, Kulwinder Kaur was declared as Sarpanch in the alleged proceedings dated 04.8.2008. Thus, three male panches namely, Kuldip Singh, Balkar Singh and Lakhwinder Singh filed an election petition under Section 76 of the Punjab State Election Commission Act, 1994 (for short 'the Act of 1994') and Rules 50 and 51 of the Punjab Panchayati Raj Election Rules, 1994 (for short 'the Rules'), assailing the election of Kulwinder Kaur, to the post of Sarpanch and also for declaring Kuldip Singh as Sarpanch instead.

(3.) The learned Election Tribunal vide its order dated 18.8.2009, partly allowed the petition by setting aside the election of Kulwnder Kaur and rejecting the prayer of the appellants muchless Kuldip Singh to declare him elected for the office of Sarpanch. It was rather observed that process of the election for the post of Sarpanch reserved for Scheduled Caste (Women) shall be initiated in accordance with law.