PARMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHETHER a woman belonging to Scheduled Caste, who had contested and got elected as Panch from the reserved seat for a Scheduled Caste (Women), is eligible to contest the election for the post of Sarpanch, which is reserved for the Scheduled Castes category, is the question which has been raised in this petition.

(2.) IN this case, seven Panchas were to be elected for Gram Panchayat of Village bhaini Matwa. Block and District Tarn taran. Out of seven Panchas, vide notification issued under Section 11 of the Punjab panchayati Raj Act, 1994 (hereinafter referred to as the Act'), four were reserved for general Category, one for General (Women), one for Scheduled Caste and one for Scheduled caste (Women ). The petitioner successfully contested the election of Panch against the reserved seat of Scheduled Caste and respondent No. 5 against the reserved seat of Scheduled Caste (Women), and their election as Panches was duly notified.

(3.) AS per Section 13-A of the Act, the sarpanch is to be elected from amongst the panches in the meeting of the Panches convened by the authorized officer by the deputy Commissioner. Section 12 of the Act provides for reservation of seats for the office of Sarpanch. Vide notification dated 12-5-2008 (Annexure P-5), the office of sarpanch of Village Gram Panchayat Bhaini mattuan was reserved for Scheduled Castes category. The petitioner as well as respondent no. 5, both belonging to Scheduled castes category, contested the election for the office of Sarpanch in which respondent no. 5 has been declared elected.