CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this writ petition under Articles 226/227 of the Constitution of India, the petitioner is aggrieved against the action of respondent No. 3, in declaring respondent No. 4 elected as Chairman of the Block Samiti, Dhilwan.

(2.) THE constitution of the Gram Sabha, Gram Panchayat, Panchayat Samiti and Zila Parishad is provided under the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as "The Act"). Section 98 of the Act provides for establishment of Panchayat Samiti for every block in the District having jurisdiction over the entire block area, excluding such portion as are included in Municipality, Corporation, Notified Area Committee etc. Section 99 of the Act provides for the composition of Panchayat Samiti which shall consist of 15 to 25 directly elected members from territorial constituencies as well as Member of Legislative Assembly and Member of Legislative Council as given in Section 99 of the Act. As per Section 105 of the Act, Chairman/Vice-Chairman of the Panchayat Samiti is to be elected from amongst the elected members. The State Government has the power under the Act to direct holding of elections to the various bodies mentioned above. The Election Commission is given the superintendence, direction and control of the preparation of electoral rolls for, and conduct of elections to the Panchayats, by virtue of Section 210 of the Act. The definition of "Panchayat" as given in Section 2(zj) means a Gram Panchayat, Panchayat Samiti and Zila Parishad constituted under the Act. Section 227 of the Act empowers the State Government to make rules for carrying out the purpose of this Act. The State of Punjab has enacted Punjab Panchayat Election Rules, 1994 (hereinafter referred to as "The Rules") which are to apply to Gram Panchayats, Panchayat Samities and Zila Parishads constituted under the Act. Under these Rules, provisions for the issuance of Notification of Election, preparation of electoral rolls, registration, revision, publication of election programme have been made. Detailed provisions are also made with regard to appointment of Presiding Officer/Polling Officer, design of ballot boxes, manner of voting, procedure of commencement of polls. Necessary provisions are also made with regard to counting of votes, adjournment of polls in emergency and cancellation of election programmes etc.

(3.) THE State of Punjab enacted the Punjab State Election Commission Act, 1994 (hereinafter referred to as "The Commission Act") for the constitution of State Election Commission and for vesting the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to the Panchayats and Municipalities in the State of Punjab. Section 58 of the Commission Act provides as under :-