KISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a member of the Scheduled Castes, prays for the issue of a writ in the nature of mandamus directing the respondents to declare him "as duly elected Panch from the reserved category of Scheduled Castes."

(2.) The petitioner' claim has been contested by the respondents primarily on the ground that "as per the census held in 1991, the Scheduled Caste population of Village Diwan Khera is 4.75%". A copy of the, notification dated 31/12/1992 issued by the State Govt. under the provisions of the Punjab Gram Panchayat Act, 1952 (hereinafter to be referred to as the Act) has been produced as Annexure R-1. From a persual of this notification, it appears that a total of 7 Panches had to be elected for the Sabha area of Diwan Khera. No seat was reserved for the members of the Scheduled Castes. Even an extract from the census report relating to district Ferozepur has been produced. A perusal thereof shows that the total population of the village is 3431, out of which 163 persons belong to the category of Scheduled Castes. Thus, the percentage of population has been worked out as 4.75.

(3.) An additional affidvit has been filed by the petitioner in which it has been claimed that after the census operation, the population "has arisen to more than 3431 and this has given rise to the population of the scheduled caste in the village which is now more than 7 per centum. The record of the Health Department of Ferozepur District can be summoned to verify this fact." However,, no evidence in respect of this averment has been produced.