RAMI SAINI Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner has filed this petition under Articles 226/227 of the Constitution of India for quashing the impugned letter dated 27.5.2008 (Annexure P -3) vide which the respondent authorities have clarified that any Panch from the reserved category can contest election for the office of Sarpanch reserved for General Category. It has been further prayed that a direction be issued to the respondents to ensure that election of Sarpanch be conducted as per notification dated 25.4.2008.

(2.) IN this case, as per the notification dated 25.4.2008, the office of Sarpanch of Gram Panchayat of village Kalensar, was reserved for General Category. The petitioner was elected as Panch from General Category. It is the case of the petitioner that since she was the only Panch who was elected from General Category, therefore, she was fully eligible to contest the election for the office of Sarpanch, which was reserved for General Category. However, the State Government while issuing the letter dated 27.5.2008 has clarified that any Panch from the reserved category can also seek election for the office of Sarpanch reserved for General Category.

(3.) AFTER hearing the counsel for the parties, we are not inclined to accept the contention raised by the learned Counsel for the petitioner. The only issue for consideration is whether respondent No. 5, being a woman, is eligible to contest the election for the office of Sarpanch, which is reserved for General (Woman). Similar, question has already been answered by the Supreme Court in Kasambhari F. Ghanchi v. : AIR1998SC815 , wherein it was held that a candidate belonging to a Backward Class, who has been elected from an unreserved seat, is eligible to contest the election for the post of President of the Municipality which was reserved for a Backward Class candidate, while making the following observations: