SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India for declaring the petitioner as having been duly elected as a Panch of Gram Sabha, Mohkamwala.

(2.) The facts of this petition are that the election of Gram Sabha of village Mohkamwala was held on June 22, 1972. In that election, the petitioner and respondents 5 and 6 filed nomination papers alongwith other persons, out of which four Panches had to be elected. Some candidates withdrew their nomination papers from the election and ultimately six persons namely, Jarnail Singh, Gajan Singh respondent No. 5, Joinder Singh, Sohan Singh petitioner, Jagir Singh and Kartar Singh respondent No. 6, remained in the field. After the poll, the aforesaid candidates received the following votes mentioned against the names of each one of them :

(3.) Joginder Singh and the petitioner obtained equal number of votes. The Returning Officer under rule 33 of the Gram Panchayat Election Rules, 1960 (hereinafter referred to as 'the Rules') drew a lot and declared Joginder Singh as elected. Kartar Singh who obtained four votes was declared as having been elected under clause (c) of proviso to sub-section (4) of Section 6 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as 'the Act'). Gajan Singh was a Scheduled Caste candidate and it was not necessary that another Scheduled Caste candidate should have been co-opted. Election of Kartar Singh is, therefore, illegal and void, inter alia on the ground that Gajan Singh having obtained 46 votes was declared as elected. As Gajan Singh was a Scheduled Caste, therefore, there was no necessity of co-opting another Scheduled Caste person. The respondents contested the petition. A return has been filed by respondents 3 and 4. Gajan Singh respondent No. 5 is represented by a counsel but he has not filed any return. It has, however, been admitted by the learned counsel for Gajan Singh that he belongs to Scheduled Caste.