SURJIT KAUR Vs. DIRECTOR, PANCHAYATS

JUDGEMENT

(1.) Smt. Surjit Kaur has claimed a writ of mandamus directing the respondent Nos. 1 to 5 to declare her as having been elected as second lady Panch of the Gram Panchayat, Bairon Kangri, District Hoshiarpur. None of the respondents has appeared to contest the writ petition.

(2.) The petitioner's case is that election was held to form the village Panchayat of Bairon Kangri in district Hoshiarpur. She as well as Smt. Chanan Kaur were amongst the contestants and both of them secured 21 votes each. Whereas Smt. Chanan Kaur was declared elected as a Panch by the Sub-Divisional Officer (Civil), Hoshiarpur, respondent No. 4, but despite various requests the petitioner was not declared as a Panch. On the other hand Smt. Surjit Kaur, respondent No. 6, was co-opted as a Panch. It is contended that under Section 6(4) of the Punjab Gram Panchayat Act, (hereinafter called 'the Act'), the petitioner was entitled to be declared elected as a Panch, but in violation thereof Smt. Surjit Kaur, respondent No. 6, was co-opted as a Panch.

(3.) Section 6(4) of the Act, referred to above, reads as follows :-