(1.) This Letters Patent Appeal has been directed against the order dated 27.02.2012 passed by the learned Single Judge, whereby the writ petition (CWP No. 22203 of 2011) filed by Kashmir Singh (respondent No. 6), who was elected as a Sarpanch of the Gram Panchayat of village Sadhuwala, Tehsil Zira, District Ferozepur in the year 2008, has been allowed and the Notification dated 4.11.2011 issued by the Government of Punjab deleting his name as Sarpanch of the Gram Panchayat, was set aside, and it was declared that he would remain as Sarpanch of Gram Panchayat of village Sadhuwala. Before we deal with the questions raised in this appeal, it will be appropriate to mention the factual position in the case in brief.
(2.) The Gram Panchayat of village Sadhuwala consists of seven members. In that Multi Member Single Constituency, one of the seat of Panch was reserved for SC (Woman). The election of the Gram Panchayat was held on 26.5.2008. Against the reserved seat of SC (Woman), Smt. Joginder Kaur (respondent No. 8) and Smt. Bholi (respondent No. 7) contested. Smt. Joginder Kaur was declared elected as SC Panch (Woman) having secured 47 votes whereas Smt. Bholi was declared defeated having secured 42 votes. In that election, respondent No. 6-Kashmir Singh and appellant Sukhdev Singh were also elected as Panches from General Category. The election of Panches was notified under Section 13 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Panchayati Raj Act') and thereafter in the first meeting of the Gram Panchayat convened under Section 13-A of the Panchayati Raj Act, respondent No. 6-Kashmir Singh was elected as a Sarpanch of the Gram Panchayat. It is mentioned here that the post of Sarpanch of the Gram Panchayat of village Sadhuwala was kept reserved for the candidate belonging to General Category.
(3.) Aggrieved against the election of Smt. Joginder Kaur as SC Panch (Woman), Smt. Bholi, the defeated candidate in the said category, filed election petition under Section 74 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as 'the Election Commission Act') challenging the election of Smt. Joginder Kaur. The Additional Deputy Commissioner(General), Ferozepur, exercising the powers of the Election Tribunal, vide order dated 8.9.2008 set aside the election of Smt. Joginder Kaur and declared elected Smt. Bholi as SC Panch (Woman) as in recounting Smt. Bholi secured 50 valid votes whereas Smt. Joginder Kaur secured only 45 votes. It is submitted here that in the election petition, copy of which has been annexed with the appeal as Annexure P-1, Smt. Bholi had only prayed for setting aside the election of Smt. Joginder Kaur with a further prayer to declare her elected on the post of SC Panch (Woman). In that election petition neither the election of Sarpanch was challenged nor any prayer was made for quashing the result of first meeting of the members of Gram Panchayat in which respondent No. 6 was elected as Sarpanch. However, the learned Election Tribunal without any prayer made in the election petition, observed at the end of his order that 'the proceeding which was held and accepted with the vote of respondent No. 1 (Smt. Joginder Kaur) as S.C. Panch (Woman) stands rejected'.