AMIN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The principle grievance of the petitioner, Amin Chand in this writ petition under Articles 226/227 of the Constitution of India is that he was elected as a Panch of Gram Sabha, Udanwal tehsil Batala, District Gurdaspur and yet he is not allowed to sit on his elected seat. And this grievance has been voiced in this manner.

(2.) The petitioner is a voter and resident of village Udanwal. The Gram Sabha established for the village was to have a constituted Gam Panchayat, consisting of 5 Panches in accordance with Section 6 of the Punjab Gram Panchayat Act, 1952(hereafter referred to as the 'Act'). The Punjab Government issued notification on 27th July, 1978 vide notification Annexure P-1. Requiring that the Gram Panchayat Udanwal would have a total number of 5 Panches out of whom one should belong to the Scheduled Castes. The election for the Gram Panchayat took place on 23rd Aug. The petitioner contested the election as a Panch. The undisputed result of the election was as follows :- 1. Pritam Singh respondent No. 5 polled 61 votes. 2. Inder Ram respondent No. 6 polled 57 votes.

(3.) Pal Singh respondent No. 7 polled 50 votes.