SURINDER KUMAR Vs. SHAM LAL

JUDGEMENT

(1.) Challenge in the present appeal is to the order dated 29.12.2009, passed by the Election Tribunal, Ferozepur (for short, 'the Tribunal') setting aside the election of the Appellant as Sarpanch of Gram Panchayat, village Shaheed Bhagat Singh Nagar, Block Guru Har Sahai, District Ferozepur.

(2.) The election for the aforesaid Gram Panchayat was held on 21.7.2008. Gram Panchayat is constituted of five Panches. Three seats were meant for General Category, whereas one each was reserved for General Women Category and Backward Class Category. The Appellant was elected as Panch in the category of Backward Class, whereas Respondent No. 1 was elected as Panch in the General Category. The office of Sarpanch was reserved for General Category. Against that post, the Appellant contested election. The Tribunal gave a finding that he having been elected against the post reserved for Backward Class could not contest election for the office of Sarpanch.

(3.) Learned Counsel for the Appellant, placing reliance on a judgment rendered by a Division Bench of this Court in Sukhjit Kaur v. State of Punjab and Ors. 2008 (4) RCR 646, submitted that a Panch elected in any of the reserved category is entitled to contest election for the office of Sarpanch, even if the same is not reserved for that category and is meant for General Category. In the present case, even if the Appellant had successfully contested election for the post of Panch in the reserved category, he was entitled to contest election for the office of Sarpanch, which was not meant for reserved category but for General Category. Hence, the order passed by the Tribunal setting aside the election deserves to be set aside.