JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The crux of the facts, culminating in the commencement, relevant for disposal of the present writ petition and emanating from the record is that, the election for five posts of Panches of Gram Panchayat of Village Nathu Chisti, District Ferozepur, was scheduled to be held on 26.05.2008. Two posts were meant for the general category, two posts were reserved for lady Panches, whereas one post was reserved for B.C. category. Since, no candidate in B.C. category filed the nomination papers, so, the election of remaining four posts was held and one post of B.C. category remained vacant.

(2.) The petitioner claimed that in the year 2009, the election for the vacant seat of B.C. category was notified and Santo Bai-respondent No. 8 filed her nomination papers in this category as a reserve candidate. As, no other candidate under B.C. category was available in the village, as such, she was declared elected unopposed in this regard. According to the petitioner that, respondent No. 8 did not belong to the Backward Class category, but she submitted the forged and fake caste certificate. As such, numbers of villagers filed the complaints with regard to the genuineness of her B.C. category certificate. The Tehsildar conducted the enquiry and cancelled the certificate of B.C. category of respondent No. 8 on 20.01.2009, which was subsequently stated to have been restored by him (Tehsildar) on 06.02.2009, without any basis.

(3.) Sequelly, as soon as, the villagers came to know, in the meantime, they made a complaint and her(respondent No. 8) caste certificate was again cancelled on 14.02.2009 and it was again restored. It was explained that on account of the dispute of the genuineness of the caste certificate, the election of Santo Bai as a Panch was not notified. She filed the Civil Writ Petition bearing No. 5487 of 2009, which was disposed of by this Court with a direction to the Deputy Commissioner to depute an officer to hold an enquiry regarding the genuineness of B.C. Certificate issued to Santo Bai, by way of order dated 26.11.2009(Annexure P-1).