ZILE SINGH PANCH Vs. DEPUTY COMMISSIONER SONEPAT

JUDGEMENT

(1.) The short point, though an interesting one. that arises for determination in this writ petition is as to whether a co-opted member of the Gram Pan-chayat could continue to be the member of the Gram Panchayat even after the election of all the Banches. who had elected her, was set aside as illegal and fresh election is held for the Gram Panchayat in Question.

(2.) To appreciate the point, the back-ground in which this Question has arisen be noticed. The petitioner along with others was elected Panch to Gram Panchayat of village Ohirasmi in the election held in the month of June. 1971. In a co-option in pursuance of Section 5 of the Punjab Gram Panchayat Act as amended by Haryana Legislature Amendment Act No. 29 of 1971 (hereinafter referred to as the Panchayat Act), Shrimati Shanti (respondent No, 3) was coopted as the woman Panch. The relevant provision of Section 5 of the Panchayat Act is in the following terms:--

(3.) prior to her co-option, one Hari Chand. an unsuccessful candidate, challenged the validity of the entire election held in June 1971 on the ground that his nomination papers had been wrongly and illegally rejected. The prescribed authority, vide its order dated 6-8-1973, allowed his election petition and set aside the election held in June. 1971. The petitioner in the present writ petition and others challenged the order of the prescribed authority by way of Civil Writ No. 3573 of 1973 = (Reported in AIR 1975 Puni 115) (FB) (Zile Singh v. The State of Haryana), which petition was finally decided by a Full Bench of this Court wherein the order of the prescribed authority was sustained, and that led to the holding of fresh elections to the aforesaid Panchayat on 19-1-1975 in which the present petitioner, along with respondents Nos. 4 to 8. was elected a Panch.