INDIAN EX-SERVICES LEAGUE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge is to the Punjab Panchayati Raj Act, 1994. Ground pressed here in this petition is that no reservation has been made for Ex-servicemen to be elected/nominated to the Panchayats and this is violative of Article 14 of the Constitution.

(2.) AFTER hearing counsel for the petitioner we find no merit in this petition. No provision either in the Constitution or in any statute, Rule or Regulation has been produced contemplating reservation for Ex-servicemen. Further more, such a concession, even if it is granted in some fields by the state, cannot be claimed as a matter of right by the Ex-servicemen under Article 226 of the Constitution. This is no discrimination. Ex-servicemen is a class by itself. It cannot have any parity with other Castes which are mentioned in the Schedule attached to the Constitution for which reservations can be made. Discrimination has to be in the class itself. Article 14 is not attracted if no provision is made in the Punjab Panchayati Raj Act, 1994 reserving some seats for the Ex-servicemen. Dismissed.