KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These are four petitions under Articles 226 of the Constitution of India, challenging the instructions issued by the Secretary to Government of Punjab, Department of Rural Development and Panchayats, on 27th December, 1992, specifying therein the persons who are not entitled to contest as Sarpanch or Panch of the panchayat elections.

(2.) In writ petition No. 522 of 1993, the petitioners are all working as employees of the Punjab Tractors Limited. In writ petition No. 417 of 1993, the petitioner is an employee of the Pepsu Road Transport Corporation. In writ petition No. 419 of 1993, the petitioners are the employees of Punjab State Electricity Board and in writ petition No 883 of 1993, again the petitioner is an employee of the Punjab Tractors Limited. Section 6 of sub-clause (5) of the Punjab Gram Panchayat Act, 1952 , hereinafter referred to as the 'Act') enumerates persons who are not entitled to stand for election as or continue to be a Sarpanch or Panch. The relevant clauses (a) and (g) of sub-section (5) of Section 6 of the Act are quoted below :

(3.) According to the above advice the employees of these agencies (list enclosed) are debarred from contesting election to the Gram Panchayats and as such the employees of these agencies to be put on election duty.