Shakuntla Devi And Others vs State Of Punjab And Others on 4 October, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                   C.W.P. No. 17665 of 2008
                                         DATE OF DECISION : 04.10.2008

Shakuntla Devi and others
                                                           .... PETITIONERS

                                   Versus

State of Punjab and others

                                                         ..... RESPONDENTS

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


Present:    Mr. R.S. Manhas, Advocate,
            for the petitioners.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who are Panches of Gram Panchayat Village

Sultanpur, Tehsil Pathankot, District Gurdaspur, have filed this petition

under Articles 226/227 of the Constitution of India for setting aside the

election of respondent No.5 as Sarpanch.

It is the case of the petitioners that the office of Sarpanch of the

aforesaid Gram Panchayat has been reserved for Scheduled Caste (Women)

and petitioner No.1 is the only eligible candidate for being elected as

Sarpanch, because she has been elected as Panch from the reserve category

of Scheduled Caste (Women). Counsel further submits that respondent

No.5, who has been declared elected as Sarpanch is not eligible to contest

the election for the office of Sarpanch, because she was elected as a Panch
CWP No. 17665 of 2008 -2-

from the reserve category of Scheduled Caste. Therefore, her election as

Sarpanch of the aforesaid Gram Panchayat, which is reserved for the

Scheduled Caste (Women) category is wholly illegal.

After hearing counsel for the petitioners, we do not find any

merit in this petition, as this controversy has already been decided by this

Court in CWP No. 14927 of 2008, titled as Paramjit Singh versus State of

Punjab and others, decided on 26.8.2008, wherein it has been held that a

Scheduled Caste woman, though elected as Panch from Scheduled Caste

category, is fully eligible to contest the election of the office of Sarpanch,

which is reserved for Scheduled Caste (Woman).

Accordingly, in view of the decision of this Court in the

aforesaid CWP No. 14927 of 2008, there is no merit in this petition and the

same is, hereby, dismissed.

                                        ( SATISH KUMAR MITTAL )
                                                JUDGE



October 04, 2008                           ( JASWANT SINGH )
ndj                                              JUDGE