KRIPAL SINGH AND ETC Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 20204 and 20188 of 2008 as they are arising out of the same impugned notification dated 11. 11. 2008. In both the petitions, the petitioners have challenged the Punjab panchayat Election (Second Amendment)Rules, 2008, notified vide notification dated 11. 11. 2008. The petitioners are aggrieved basically by two amendments made by the impugned notification.

(2.) FIRSTLY, under the amended rule, no proposer or seconder is required for a candidate for the office of Sarpanch of the Gram panchayat. Earlier, as per the Proviso to Rule 45 (1) of the Punjab Panchayat Election rules, 1994 (hereinafter referred to as 'the rules'), if the office of Sarpanch of a Gram panchayat was reserved for Scheduled castes or Women, then the proposer or seconder shall propose or second the name of persons belonging to such reserved categories only. Now as per the amended rule, there is ho requirement to propose or second the name of a candidate. The candidates propose themselves for the election of Sarpanch of the Gram Panchayat, ,if they so desire.

(3.) SECONDLY, a new Rule 45-A has been added. Sub-rule (8) to this Rule provides that the election of the Sarpanch shall be made from the category for which it is reserved. It is further provided that if there is only one candidate available for the office of Sarpanch of that particular reserved category, then he/ she shall be deemed to have been elected unopposed for the office of Sarpanch.