LAWS(P&H)-2008-9-103

SAMPURAN SINGH Vs. STATE OF PUNJAB

Decided On September 15, 2008
SAMPURAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PETITIONER , who is elected Panch of Village Nidhana, Block Guru Har Sahai, Tehsil Jalalabad (W) District Ferozepur, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No. 8 on the ground that the petitioner being elected as Panch from the reserved category of Scheduled Caste is the only eligible candidate to contest the election of Sarpanch, which is reserved for the category of Scheduled Caste.

(2.) IT is the case of the petitioner that since the respondent No. 8, who belongs to S.C. Category, has been elected as Panch against the seat reserved for the General Category, as such, he was not eligible to contest the election for the office of Sarpanch, which is reserved for the category of Scheduled Caste.

(3.) THUS , the controversy in this writ petition is whether a Panch, who was elected as such against the seat reserved for General Category, is eligible to contest the election of the office of Sarpanch, which is reserved for the category of Scheduled Caste.