Mangat Singh vs State Of Punjab And Others on 12 September, 2008

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH.

                                                  C.W.P. No. 12391 of 2008
                                         DATE OF DECISION : 12.09.2008

Mangat Singh
                                                           .... PETITIONER

                                   Versus

State of Punjab and others

                                                       ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
             HON'BLE MR. JUSTICE JASWANT SINGH


Present:     Mr. O.P. Kamboj, Advocate,
             for the petitioner.

             Mr. N.S. Virk, Addl. A.G., Punjab.

                             ***

SATISH KUMAR MITTAL , J.

The petitioner has filed this petition under Articles 226/227 of

the Constitution of India for issuing direction not to hold the election of

Sarpanch of Gram Panchayat, Village Ellahi Bakhsh Bodla, Tehsil

Jalalabad, District Ferozepur, before filling up the fifth seat of Panch,

reserved for Backward Class.

We have heard counsel for the parties and gone through the

contents of this petition.

Undisputedly, in this case, out of the posts of 5 Panches to be

elected for the Gram Panchayat, 4 Panches have been duly elected on

26.5.2008. However, one seat of Panch reserved for Backward Class could
CWP No. 12391 of 2008 -2-

not be filled because no person contested in that Category. It is further

admitted that the election of the elected Panches has been notified under

Section 13 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to

as `the Act’). In view of the same, the Deputy Commissioner has convened

the meeting of notified members of the Panchayat under Section 13-A of the

Act to elect a Sarpanch of Village Gram Panchayat.

Learned counsel for the petitioner has contended that the

election of Sarpanch be kept in abeyance till the election of vacant seat of

Panch reserved for Backward Class is held.

After hearing the counsel, we are not inclined to accept the

contentions of the counsel for the petitioner. In our opinion, on the aforesaid

ground, the election of Sarpanch cannot be kept in abeyance keeping in

view the entire scheme of the Act and the Rules framed thereunder. The

Sarpanch is responsible for convening and presiding over the meetings of

Gram Sabha at least twice a year. Sarpanch is also responsible for

convening and presiding over the meetings of the Gram Panchayat for

taking all financial and executive decisions of the Gram Panchayat besides

being responsible for the maintenance of the records of the Gram Panchayat.

In other words, in the absence of a Sarpanch, the Gram Panchayat cannot

function.

In the present case, in the absence of any candidate coming

forward to occupy the vacant post of Panch reserved for Backward Class, it

cannot be said with any certainty as to when the vacant seat of Panch shall
CWP No. 12391 of 2008 -3-

be filled up and, therefore, in our considered opinion, the election of the

Sarpanch of Gram Panchayat of Village Ellahi Bakhsh Bodla cannot be kept

in abeyance till the vacant seat reserved for Backward Class is filled up.

Dismissed.

However, respondents No.1 to 3 are directed to take steps to fill

up the vacant seat as early as possible.

                                           ( SATISH KUMAR MITTAL )
                                                   JUDGE



September 12, 2008                           ( JASWANT SINGH )
ndj                                                JUDGE