PRITAM KAUR Vs. STATE OF PUNJAB THROUGH SECRETARY

JUDGEMENT

(1.) THIS writ petition has been filed challenging the co-option of respondent No. 6 Baljit Kaur to the the Gram Panchayat, Ran Singh Wala, by a resolution dated March 1, 1993, passed by Gram Panchayat and to declare that the petitioner was deemed to have been elected to the Gram Panchayat, Ran Singh Wala.

(2.) THE elections of Gram Panchayat, Ran Singh Wala, were held on January 18, 1993. Under the provisions of the Punjab Gram Panchayat Act, 1952, (hereinafter referred to as the 'Act') in every Gram Panchayat, there shall be at least two women Panches. Out of the total number of Panches, two seats have been reserved for women Panches. In the election, one Gurnam Kaur and the petitioner filed the nominations for being elected as members of the Gram Panchayat. Since Gurnam Kaur obtained 43 votes she had been declared as deemed to have been elected but the petitioner who secured 39 votes, was not be declared as deemed to have been elected the elections. The representation of the petitioner to declare her as deemed to have been elected under Section 6(4) of the Act was not accepted by the Returning Officer. Thereafter the Gram Panchayat by a resolution dated March 1, 1993, co-opted respondent No. 6 Baljit Kaur as member of the Gram Panchayat. The petitioner has filed this writ petition challenging the co-option of respondent No. 6 as member of the Gram Panchayat and for declaration that she shall be deemed to have been elected as Panch in view of the specific provisions contained in Section 6(4) of the Act. Written statement has been filed on behalf of respondents Nos. 5 and 6. According to them, reliance on section 6(4) of the Act has no basis since this Act was repealed by Panchayat Raj Act, 1994. It has also been pleaded in the written statement that there was only one unsuccessful candidate and, therefore, section 6(4) of the Act has no application and that the said provision will apply if there are two or more unsuccessful women candidates at the elections. It is further contended that election petition is the proper remedy and, therefore, the writ petition is not maintainable.

(3.) THE only point that arises for consideration in this case in whether, in the elections to the Gram Panchayat when there are two unsuccessful women candidates, and one of whom was deemed to have been elected, the other unsuccessful candidate can be deemed to have been elected under section 6(4) of the Act.