KARAM KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KARAM Kaur petitioner in this petition filed under Article 226 of the Constitution prays for a writ of certiorari quashing co-option of Amarjit Kaur, respondent NO. 6, as member of the Gram panchayat, Jatpur, and a further direction to the respondents to declare the petitioner as Sarpanch. Election of members of the Gram Panchayat, Jatpur, was held on February 20, 1993. There were three women candidates, namely, Nachhattar Kaur, Karam Kaur and Anr. (Parkash Kaur) who contested the election. Nachhattar Kaur obtained 44 votes and was declared elected. Petitioner Karam Kaur obtained 29 votes and the third candidate secured two votes. It was on November 13, 1993 when Panchayat meeting was held, Amarjit Kaur respondent No. 6 was co-opted as member of the Panchayat. The present petition was filed by Karam Kaur challenging the co-option of Amarjit Kaur and for a declaration in her own favour as stated above. Gram Panchayat respondent No. 5 and Amarjit Kaur respondent No. 6 who are the contesting respondents, have filed written statement contesting the petition. They have asserted therein that the writ petition should be dismissed on the ground of limitation. From the declaration of the results election petition could be filed within 30 days as contemplated under Section 13-C of the Gram Panchayat Act. No election petition was filed by the petitioner either against the declaration of the result or against the co-option of respondent No. 6. It is further asserted that co-option of Amarjit Kaur respondent No. 6 was done by respondent No. 3 Block Development and Panchayat Officer and it was brought to the notice of all the members of the Panchayat.

(2.) AFTER hearing counsel for the parties, we are of the view that merely on the ground of delay the relief which is legally due to the petitioner cannot be denied. Section 6 (4) of the Punjab Gram Panchayat Act reads as under :

(3.) THE petitioner could not file election petition against the co-option of respondent No. 6 as the prescribed authority before whom the election petition could be filed could not declare the petitioner as duly elected in that petition. The relief that the petitioner be declared elected as Panch in view of Section 6 (4) of the Act can be granted by this Court under Article 226 of the Constitution.