KULWINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THE petitioner is resident of Village Jagpalpur and belongs to Scheduled Caste category. He has approached this Court to challenge the action of the respondents alleging that less reservation was made for post of Panches in scheduled caste category. There are 7 Panches elected in this Gram Panchayat. Two posts of Panches were reserved for scheduled caste. During earlier election, three posts were reserved for scheduled caste panches. As per Section 11 of the Punjab Panchayati Raj Act, reservation for the post of Panch is to be done on the basis of proportion to the total number of Panches by taking in view the population of the Scheduled caste in the total population of Gram Sabha.

(2.) THE Block Development and Panchayat Officer, Phagwara, has supplied information on 22.1.2009, stating that as per census of 2001, total population of the village is 1559, out of which 783 were scheduled caste. It is, thus, pointed out that more than 50% population belongs to scheduled caste category and atleast 3 posts of Panches ought to have been reserved for scheduled caste. Accordingly, the present writ petition is filed to say that the entire election process is in violation of the mandatory provisions and so the entire election be set -aside.

(3.) LEARNED counsel for the petitioner would refer to the contents of the reply to say that information, which was supplied by the Block Development and Panchayat Officer was wrong. As per the information obtained under the Right to Information Act, the petitioner was apprised that there were only 526 scheduled caste residents and the reservation for Panches has been made in accordance with law. This, according to the petitioner, would lead to scheduled caste being under represented. The State of Punjab has admitted this discrepancy and has mainly attributed this on the part of negligence of Block Development and Panchayat Officer, Phagwara. In the reply, it is also disclosed that they have initiated action against the Block Development and Panchayat Officer for providing this wrong information.