IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 12835 of 2008
DATE OF DECISION : 01.12.2008
Harbans Kaur
.... PETITIONER
Versus
State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. D.S. Pheruman, Advocate,
for the petitioner.
Mr. N.D.S. Mann, Addl. A.G., Punjab,
for respondents No.1 to 4.
***
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner, who contested and elected as Panch of Gram
Panchayat, Village Thothian, District Amritsar, against the seat reserved for
`women’, has filed this petition under Articles 226/227 of the Constitution
of India for quashing the clarification issued by the Government vide its
letter dated 27.5.2008 as well as for setting aside the election of respondent
No.5 as Sarpanch of the Gram Panchayat.
Undisputedly, the office of Sarpanch of the aforesaid Gram
Panchayat is reserved for `women’ category. It is the case of the petitioner
that she is the only elected Panch from the category of `women’ and
respondent No.5, who has been elected as Panch against the seat reserved
CWP No. 12835 of 2008 -2-
for Scheduled Caste (women), being a Scheduled Caste, is not eligible to
contest the election of the office of Sarpanch. This controversy has already
been decided by this Court in CWP No. 13738 of 2008, titled as Sukhjit
Kaur versus State of Punjab and others, decided on 5.8.2008, wherein it has
been held that any woman, whether she is elected as a Panch from General
category, women category or from the reserved category of Scheduled Caste
(women), is fully eligible to contest the election of Sarpanch, if the same is
reserved for `Women’.
Accordingly, in view of the decision of this Court in the
aforesaid CWP No. 13738 of 2008, there is no merit in this petition and the
same is, hereby, dismissed.
( SATISH KUMAR MITTAL )
JUDGE
December 01, 2008 ( JASWANT SINGH )
ndj JUDGE