SUKHWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy involved in the instant writ petition and emanating from the record, is that in pursuance of Notification dated 12.5.2008 (Annexure P1) issued under Section 12 of the Punjab Panchayati Raj Act, 1994 (hereafter to be referred as "the Act"), the Deputy Commissioner, Ferozepur has reserved/notified the office of Sarpanch of Gram Panchayat of Basti Sohan Singh (Abadi Jorra) of Zira Block 69 as 'general category'.

(2.) SEQUELLY , the Secretary to Government of Punjab notified five posts of Panches, out of which, two posts were reserved in general category, one for women, one for scheduled caste, nil for scheduled caste woman and one for backward class, vide schedule (Annexure P2) on the basis of population. The reservation was repeatedly changed from time to time and ultimately official respondents issued another letter/order dated 9.6.2008 (Annexure P11), rectifying/reserving the posts of Panches.

(3.) THE case set up by the petitioner, in brief, in so far as relevant, was that the respondents have wrongly reserved the post of Sarpanch in general category, vide notification (Annexure P1), whereas as per the provisions of the Act, the post of Sarpanch should have been reserved, by way of rotation for scheduled caste category, as in the election held in the year 1998, the post of Sarpanch was reserved for lady in general category.