JUDGMENT
Surya Kant, J.
1. Following question of law has been referred by the learned Single Judge for adjudication by a Larger Bench:
Whether election of Sarpanch/Member of a Gram Panchayat can be set aside on the basis of disqualifications contemplated under Section 208 of the Punjab Panchayati Raj Act, 1994 or it can be set aside only on the basis of disqualifications enumerated in Section 11 of the Punjab State Election Commission Act, 1994?
2. Though the answer to the question aforementioned hinges upon interpretation of relevant provisions of the two Statutes, however, a brief reference to the relevant facts may also be made.
3. General panchayat elections in the State of Punjab were held in the month of June, 2003. The appellant contested the election for the office of Sarpanch of Gram Panchayat Village Dhobra, Tehsil Pathankot, District Gurdaspur and was declared elected. Respondent, the defeated candidate, challenged the appellant’s election on the ground that he (the appellant) is employed as a Fireman in the Market Committee at Sirsa which functions under the administrative control of the Haryana State Agricultural Marketing Board, constituted under the Punjab Agricultural Produce Markets Act, 1961. It was, thus, contended that since the appellant is “a whole time salaried employee of a local authority/board”, he is disqualified for being chosen as and for being a Member of the Gram Panchayat as provided by Section 208(1)(g) of the Punjab Panchayati Raj Act, 1994. The Election Tribunal, Gurdaspur, vide its order, dated 13th December, 2004, accepted the respondent’s aforementioned contention and set aside the appellant’s election after holding him ineligible to contest the election for the office of Sarpanch and declared the respondent as the elected Sarpanch. Aggrieved at the aforesaid order, the appellant has filed the appeal in this Court, contending that election of an elected member of the Gram Panchayat can be set aside only if he incurs any of the disqualifications as provided in Section 11 of the Punjab State Election Commission Act, 1994 and since the appellant’s case does not fall within the ambit of the said section, the impugned order passed by the Election Tribunal, Gurdaspur is unsustainable.
4. The rival contentions, noted above, have given rise to the question required to be adjudicated by us.
5. We have heard S/Shri Ashok Singla and Maikiat Singh, learned Counsel for the appellants in this as well as in the connected case and also Shri Vipin Mahajan, Learned Counsel for the respondent and have perused the records with their assistance.
6. It has been contended on behalf of the appellants that:
(a) Election of a member of the Panchayat can be set aside only on the basis of disqualifications prescribed in Section 11 of the Punjab State Election Commission Act, 1994 which is a special Statute and holds the field;
(b) Section 208 of the Punjab Panchayat Raj Act, 1994 stands repealed by Section 143 of the Punjab State Election Commission Act, 1994;
(c) No election petition on a ground, other than those provided in Section 11 of the Punjab State Election Commission Act, 1994 is maintainable, as laid down by Section 89 of this Act;
(d) Section 208 of the Punjab Panchayati Raj Act, 1994 is meant only for the purpose of suspension and removal of a Panch/Sarpanch under Section 20(1)(a) of the Punjab Panchayati Raj Act, 1994;
(e) The Punjab State Election Commission Act, 1994 being later in time, has a preference over the provisions of Punjab Panchayati Raj Act, 1994 which is otherwise a Statute of general in nature.
7. The Punjab Panchayat Raj Act, 1994 (Punjab Act No. 9 of 1994) (in short the Panchayati Raj Act) came into force on April 21, 1994 and by virtue of its Section 228(i) the Punjab Gram Panchayat Act, 1952; and (ii) the Punjab Panchayat Samitis and Zila Parishads Act, 1961, were repealed. The Statement of Objects and Reasons reveals that the new enactment has been legislated keeping in view Part IX, incorporated by 73rd Amendment in the Constitution so as to “endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-governance”‘ and for greater participation of the people towards effective implementation for rural development and Panchayati Raj System. The Act has introduced a three-tier Panchayati Raj System in the State of Punjab. Section 2(za) of the Act defines ‘”Gram Panchayat” which means an institution of ‘self-government’ for a Gram Sabha area. Section 2(zj) defines “Panchayat” which means a member of the Panchayat elected under this Act and includes a Sarpanch. Chapter II of the Act, captioned as “Gram Sabhas and Gram Panehayats” provides establishment and constitution of the ‘Gram Sabhas’, their meetings and quorum, object and annual reports and functions. Section 10 of the Act provides that every Gram Sabha shall elect from amongst its members a ‘Gram Panchayat’ for the Gram Sabha area, Sections 11 to 15 provide reservation of seats for Panches/Sarpanch, the terms of their offices as well as of the Gram Panchayat. Section 16 provides powers, functions and duties of Sarpanch, whereas Sections 17 and 18 deal with resignations of the Sarpanch and Panches. Section 19 provides the manner in which no-confidence motion against a Sarpanch can be entertained, whereas Section 20 provides the procedure for suspension and removal of a Panch and Sarpanch. Section 21 suggests as to how a Sarpanch or a Panch shall be deemed to have ceased to hold the office in certain eventualities. Chapter III of the Act provides “functions, powers and duties of Gram Panehayats”. Chapter V enlists properties, funds, finance and accounts of the Gram Panchayat. Chapters VI to VIII pertain to Panchayat Samitis and Zila Parishads, to which we are not concerned in the present case. Chapter IX, entitled as ‘Miscellaneous’, comprises of Sections 208 to 228. Section 208 defines ‘disqualifications’ for being chosen and for begin a Member of a Panchayat. Section 210 provides that the superintendence, direction and control of the preparation of electoral rolls for and conduct of all elections to the Panehayats shall be vested in the “Election Commission” as defined in Section 2(t) of the Act which means the ‘Election Commission’ constituted trader Article 243-K of the Constitution of India for the State of Punjab.
8. For the purpose of resolving the controversy in the present case, Sections 10(i) and 208 of the Punjab Panchayati Raj Act have a direct bearing and the same read as follows:
10. Constitution of Gram Panchayat.- (1) Every Gram Sabha shall elect from amongst its members a Gram Panchayat for the Gram Sabha area bearing the name of its Gram Sabha and consisting of a Sarpanch and such number of Panches as indicated below against each slab of population taking Gram Sabha to be a multi-member single constituency, namely:
_________________________________________________________________
SI. Population Number of Panches
No.
(1) For population exceeding 200 but not
exceeding 1,000 Five
(2) For population exceeding 1,000 but not
exceeding 2,000 Seven
(3) For population exceeding 2,000 but not
exceeding 5,000 Nine
(4) For population exceeding 5,000 but not
exceeding 10,000 Eleven
(5) For population exceeding 1,0000 Thirteen
____________________________________________________________________
(2) XXX XXX XXX XXX XXX
208 Disqualification for Membership.- (1) A person shall be disqualified for being chosen as and for being a member of a Panchayat if, -
(a) he is so disqualified by or under any law for the time being in force for the purpose of elections to the Legislature of the State:
Provided that no person shall disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty - one years;
(b) has been found guilty of any corrupt practice in any election of a Gram Panchayat, Panchayat Samiti or Zila Parishad.
(c) has been convicted of any offence involving moral turpitude or an offence implying of any defect of a Sarpanch or Panch of Gram Panchayat or member of a Panchayat Samiti or Zila Parishad, unless a period of five years has elapsed since his conviction; or
(d) has been convicted of an election offence; or
(e) has been ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1973; or
(f) has been notified as disqualified for appointment as public servant except on medical grounds; or
(g) is a whole-time salaried employee of any local authority. Statutory Corporation or Board or a Cooperative Society registered under the Punjab Co-operative Societies Act, 1961, or of the State Government or the Central Government; or
(h) is registered as a habitual offender under the Habitual Offenders (Control and Reforms) Act, 1952, or any other law for the time being in force; or
(i) has not paid the arrears of tax imposed by a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be; or
(j) is a tenant or lessee or contractor or share-holder in any property of the Gram Panchayat, Panchayat Samiti and Zila Parishad; or
(k) is in unauthorized occupation of property belonging to any local authority, or
(1) being a Sarpanch has cash in hand exceeding the amount permitted under the rules made under this Act;
(m) is member of either House of Parliament or of the Legislature of the Punjab State:
Provided that a member of either House of the Parliament or Legislature of Punjab State may be elected as a Sarpanch or member of Gram Panchayat, Panchyat Samiti or Zila Parishad if, along with his nomination paper gives undertaking to the effect that he shall resign the membership of either House of Parliament or of the Legislature of the Punjab State, as the case may be, and so resigns before taking the oath or making affirmation for taking over the office of Sarpanch of a Gram Panchayat or a member of any Gram Panchayat, the Panchayat Samiti and Zila Parishad;
(n) has been convicted of an offence under the protection of the Civil Rights Act, 1955 within a period of five years immediately preceding the last dare of the filing of the nomination papers; or
(o) being a Sarpanch or Panch does not attach certificate with his nomination papers to the effect that he has handed over to the Block Development and Panchayat Officer complete charge of the record of the Gram Panchayat and of the case, if any, with him.
9. The Punjab State Election Commission Act, 1994 (Punjab Act No. 19 of 1994) (in short the Election Commission Act), has been enacted “to provide for the constitution of the State Election Commission and for vesting the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to that Panchayats and Municipalities in the State of Punjab, in the State Election Commission and to provide for all matters relating to or ancillary or in connection with the elections to the Panchayats and Municipalities, in terms of provisions of Parts IX and IX-A of the Constitution of India”. (Ref. Statement of Objects and Reasons).
10. Whereas Section 3 of the State Election Commission Act enables the State Government to establish a State Election Commission for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of elections to Panchayats and Municipalities, Section 4 thereof provides qualification for appointment as Election Commissioner. Chapter III (Sections 5 to 10), of this Act pertains to the service conditions of Election Commissioner. Chapter IV, captioned as “Disqualifications” contains the disqualifications of a person for being chosen as, and for being a Member of a Panchayat or a Municipality (Ref: Section 11). Chapter VI of the Act pertains to “electroal rolls for constituencies” whereas Chapter VII provides the procedure for “conduct of elections”. “General procedure of elections” is laid down in Chapter IX whereas Chapter X is exclusively devoted on the “polling of votes” followed by Chapter XI pertaining to the “counting” thereof. Chapter XII- of the Act deals with “Election Petition” and Section 73 thereof provides that an “Election Petition” and Section 73 thereof provides that an “Election Tribunal” at the District or Sub-Division headquarters level shall be constituted by the State Govt., in consultation with the election Commission to adjudicate upon Election Petitions. Whereas Sections 76 to 87 provide the procedure to be followed by the Election Tribunal to adjudicate Election Petitions, Section 88 empowers to pass different kind of orders. Section 89 of the Act enlists “grounds for declaring election to be void”. Section 100 provides an appeal to the High Court against the orders of the Election Tribunal.
11. Sections 11 and 89 of the State Election Commission Act, being relevant to the issue involved are reproduced below:
11. Disqualifications for membership of a Panchayat or a Municipal, A person shall be disqualified for being chosen as, and for being a member of a Panchayat or a Municipality,-
(a) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; or
(b) if he is of unsound mind and stands so declared by a competent court; or
(c) if he is an un discharged insolvent; or
(d) if he has in proceedings for questioning the validity or regularity of an election, been found guilty of any corrupt practice; or
(e) if he has been found guilty of any offence punishable under Section 153A or Section 171E or Section 171F or Section 376 or Section 376A or Section 376B or Section 376C or Section 376D or Section 498A or Section 505 of the Indian Penal Code, 1860 or any offence punishable under Chapter XIII of this Act unless a period of six years has elapsed since the date of such conviction; or
(f) if he holds an office of profit under a Panchayat or a Municipality; or
(g) if he holds an office of profit under the Government of India or any State Government; or
(h) if he is interested in any subsisting contract made with, or any work being done for, that Panchayat or Municipality except as a share-holder (other than a Director) in an incorporated company or as a member of a co-operative society; or
(i) if he is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner, or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Panchayat or the Municipality is interested or concerned; or
(j) if he, having held any office under the State Government or any Panchayat or any Municipality or any other State Level Authority or any Government company or any corporate body owned or controlled by the State Government or Government of India, has been dismissed from service, unless a period of four years has elapsed since his dismissal.
12. At this stage, it shall be gainful to refer to certain provisions contained in Part IX and IX-A of the Constitution of India inserted by way of 73rd and 74th amendment so as to give powers of self-government’ to Panchayats in rural areas and Municipalities in the urban areas as also to ensure elections to these institutions as a unit of representative democracy in the country as a whole. Article 243(D) defines “Panchayat” which means an institution (by whatever name called) of self-government constituted under Article 243-B for the rural areas. Article 243-B mandates that there shall be constituted in every State ‘Panchayats’ at the village, intermediate and district levels in accordance with the provisions of this Part. While Articles 243-C to 243-E deal with the composition, reservation of seats and duration of Panchayats, Article 243-F provides for “disqualifications for Membership”. Article 243-K further mandates that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner.
13. In order to appreciate the controversy in its right perspective, a brief reference to Part IX-A of the Constitution, entitled as “the Municipalities”, is also required. Whereas Article 243-P(e) defines “municipality” as an institution of self-government constituted under Article 243-Q, the latter Article stipulates that there shall be constituted in every State :(a) ‘Nagar Panchayat’ for a transitional area: (b) a ‘Municipal Council’ for a transitional area; (b) a ‘Municipal Council’ for a small urban area; and (c) a ‘Municipal Corporation’ for a larger urban area. Article 243-V provides “disqualification” for being chosen as, and for being a Member of a Municipality. This Article is part materia to Article 243-F, which describes disqualifications for being chosen as, and for being a Member of a Panchayat, Article 243-ZA mandates that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of ail elections to the municipalities shall be vested in the State Election Commissioner, referred in Article 243-K.
14. It will be apposite to reproduce Articles 243-F, 243-K and 243-ZA of our Constitution which read as follows:-
243-F. Disqualifications for membership. (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat-
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned;
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State.
243-K. Elections of the Panchayats.- (i) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may be rule determine:
Provided that the State Election Commission shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his -disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the Slate. Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by Clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State may. by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
243-ZA. Elections to the Municipalities.- (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in Article 243-K.
(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
15. It is one of the cardinal principles of construction that where the language of a Statute is unambiguous, ordinarily the preamble may not be resorted to explain its provisions. However, the preamble is also an admissible aid to a Statute’s construction especially to find out as to what particular instances, the enactment is intended to apply. Similarly, the Statement of Objects and Reasons appended to a Bill can also be referred to for the purposes of understanding the back ground and the antecedent, state of affairs leading up to the legislation (Ref. State of West Bengal v. Union of India ).
The title of a statute is also an important part of the Act and may be referred to for the purpose of ascertaining its general scope and of throwing light on its construction, although it cannot over-ride the clear meaning of the enactment.
16. In M/s Doypack Systems Pvt. Ltd. v. Union of India A.I.R. 1968 S.C. 782, it was observed by the Supreme Court that for the purpose of appreciating the scope and object of a statute and for explaining its language, which may be susceptible to different meanings, “it may be useful to remember the well know historical facts that led to the enactment.” It is also an established principle of interpretation of statutes that where there are different Statutes par materia, though made at different times and not referring to each other, they shall be taken and construed together as one system and as explanatory to each other. In Jugal Kishore v. Stale of Maharashtra , their Lordships of the Supreme Court held that Acts dealing with various socio-economic plans have to be read in a complementary manner so that they do not create contradictions while operating in the same field.
17. In Sultana Begum v. Prem Chand Jain , the Supreme Court held that, “the rule of interpretation requires that while interpreting two inconsistent, or, obviously repugnant provisions of an Act, the Court should make an effort to so interpret the provisions as to harmonize so that the purpose of the Act may be given effect to and both the provisions may be allowed to operate without rendering either of them otiose.”
18. It is well known that the provisions of one Statute cannot be used to defeat provisions of the other Statute unless the court finds it impossible to effect reconciliation between the two sets of provisions. The principle of “harmonious construction” requires that two conflicting provisions, which cannot be reconciled with each other, should be so interpreted that, if possible, effect is given to both. However, this principle cannot be stretched to render one of the provisions obscure or redundant.
19. In Raj Krishna v. Binod Kanungo , the Supreme Court observed that it is the duty of the court to avoid head on clash and, whenever it is possible to do so, to construe provisions which appear to conflict, so that they harmonize.
20. In Jain Ink Manufacturing Co. v. L.I.C. , the Apex Court, after holding that the rule of ‘harmonious construction’ applied where two Acts have been passed by the same Legislature, further laid down that “although in both the Acs there are non obstente clauses, the question to be determined is whether the non-obstente clauses operate in the same field or have two different spheres though there may be some amount of overlapping, in such cases, the conflict should be resolved by reference to the object and purpose of the laws in consideration. The Premises Act operates in a very limited filed, in that it only applies to particular sets of individuals, a particular set of juristic persons like companies, corporations or the Central Government. The Rent Act, on the other hand, is of much wider application inasmuch as it applies to all private premises which do not fall within the limited exceptions indicated in Section 2 of the Premises Act.
(emphasis applied)
21. It is equally well settled that while construing a Statute, the court shall presume that the Legislature knows the existing law and does not intend to alter it except by express enactment. The court cannot proceed upon the assumption that the legislature has made a mistake, because, there is a strong presumption that the Legislature does not make mistakes. It is also well established that a Statute ought to be so construed that if it can be prevented no clause, sentence or word is rendered superfluous, void or insignificant unless the retention of such words or giving effect to them leads to absurdity.
22. In Shiv Bahadur Singh v. State of U.P. , the Supreme Court said that, “it is not a sound principle of construction to brush aside words in a statute as being inapposite, surplusage, if they can have appropriate application in circumstances conceivable within the contemplation of the statute.”
23. In our view, it is also perfectly legitimate to refer to a repealed Act on the same subject to as whether the Legislature has incorporated a particular provision with a definite force or shade or meaning and thereafter to interpret the new Act with analogous provision.
24. Having regard to these well known principles of construction of a Statute and on a comparative examination of two sets of provisions contained in the ‘Panchayati Raj Act’ and the ‘State Election Commission Act’, it stands crystallized that the Legislative Scheme contained in the Punjab Panchayati Raj Act, is directly referable to Part IX of the Constitution and it has been enacted to establish Gram Panchayats, Panchayat Samitis and Zila Parishads as the institutions of ‘self-government’ in the rural areas of State of Punjab in consonance with Article 243-B of the Constitution. It is a complete Code for the establishment of Gram Panchayats, election of Panches/sarpanches, reservations of seats, functions, powers and duties of Gram Panchayats, source of their income and the procedure for suspension or removal of elected members from the office. An elected member of the Panchayat, therefore, owes his existence to the Panchayati Raj Act and enjoys upon the status of an elected member only by virtue of the provisions of the said Act. As a necessary corollary thereof, it shall be imperative for such an elected member not to incur any ‘disqualification’ expressly laid down in Section 208 of the Act either for being chosen and/or for his continuation, if elected, as a member of the Panchayat.
25. At this stage, it may also be noticed that like the Punjab Panchayati Raj Act, 1994, there exists a separate legislation known as the Punjab Municipal Act, 1911 which provides the constitution of Municipal Council/Nagar Panchayats, their powers, duties and functions, reservation of seats and elections of President and other office-bearers of these elected bodies and the term of their office as also the procedure for resignation, suspension and removal etc. of such elected members. Section 3(12-a) of the said Act defines ‘”State Election Commission” which means the Election Commission constituted by the State Govt. under Articles 243-K and 243-ZA of the Constitution of India. Section 240(A) of the Act provides that the superintendence, direction and control of the preparation of electoral rolls for the conduct of all elections, municipalities, shall vest in the State Election Commission.
27. It is pertinent to repeat that by virtue of Section 228 of the Panchayati Raj Act, the Punjab Gram Panchayat Act, 1952, which used to hold that field earlier, has been repealed. We find that in Section 6(5) of the repealed Act, specific disqualifications “to stand for election as, or continue to be a Sarpanch or a Panch”, were prescribed by the Legislature. On a comparison of the aforementioned provision of the repealed Act, viz. Section 228 of the Panchayati Raj Act, we have no doubt in our minds that the legislature was not only alive to the issue but in consciously up-dated such ‘disqualifications’ in the new Act.
28. Shri Singla’s contention, that the State Election Commission Act, being later in time, Section 208 of the Panchayati Raj Act stands repealed by virtue of Section 143(1) of the State Election Commission Act, does not appear to be based upon sound legal principles. Section 143(1) of the State Election Commission Act provides that, “the provisions of any State law corresponding to the provisions of this Act, are hereby repealed…. “Firstly, there is a presumption against a repeal by implication. It is a well known theory that the Legislature while enacting a law, has a complete knowledge of existing law on the same subject matter and it does not intend to create any confusion by retaining conflicting provisions and, therefore, when the court applies the doctrine, it does not more than to give effect to the pious intentions of the Legislature by examining the scope and the object of two enactments and by a comparison of their provisions. This presumption can be rebutted and a repeal can be inferred by necessary implication when, “the provisions of later Act are so inconsistent with or repugnant to the provisions of the earlier Act that the two cannot stand together (Ref: Municipal Council, Palai v. T.J. Joseph ). But if the two are read together and some application is made of the words in the earlier Act, a repeal will not be inferred.
29. Similarly, as held by the Supreme Court in the case of P.K. Unni v. Nirmala Industries and reiterated in Delhi Financial Corporation v. Rajiv Anand 2004(11) S.C.C. 25, the court must proceed on the assumption that the Legislature did not make a mistake and that if intended to say what it said. It was further held that assuming, there is a defect or an omission in the words used by the Legislature, the court cannot correct or make up the deficiency nor can add words to a statute or read words into it which are not there, especially when a literal reading thereof produces an intelligible result. It was further held that, “the court is not authorised to alter a word or provide a casus omissus”.
30. In Delhi Municipality v. Shiv Shankar , the Supreme Court, after noticing the fact that though parallel provisions were made relating to vinegar in the Prevention of Food Adulteration Act, 1954 and Rules made thereunder as well as in the Essential Commodities Act, 1955 and the Fruit Order made thereunder, it held that the Prevention of Food Adulteration Act, 1954 and the Rules framed thereunder were not impliedly repealed by the above stated later Act of 1955. The Court held that, “if the Adulteration Act or Rules, impose some restrictions on the manufacturer, dealer or seller of vinegar, then they have to comply with them irrespective of the fact that the Fruit Order imposes lesser number of restrictions in respect of these matters. The former did not render compliance with the latter impossible, nor does compliance with the former necessarily and automatically involve violation of the latter.'”
31. In order to solve the question of an implied repeal, three tests have been laid down, i.e., (i) whether there is direct conflict between the two provisions; (ii) whether the Legislature intended to lay down an exhaustive code in respect of subject matter replacing the earlier law; (iii) whether the two laws occupy the same field.
32. The State Election Commission Act does not pertain to the subject matter which the Legislature has dealt with in the Panchayati Raj Act. In fact, the State Election Commission Act has been enacted to provide an independent Tribunal for adjudication of election related disputes arising out of the democratic set-up established at the grassroots level by the Panchayati Raj Act. Thus, neither the Legislature intended to replace the Panchayati Raj Act by enacting the State Election Commission Act, nor it has done so by implication. Likewise, and as explained earlier, the two enactments operate in different fields. While the State Election Commission Act is referable to Article 243-K (Part IX) and Article 243-ZA (Part IX-A) of the Constitution, the Panchayat Raj Act is referable to Articles 243-C, 243-F as well as other provisions contained in Part IX of the Constitution except Article 243-K.
33. If tested on the touchstone of these principles, we do not find any direct or indirect conflict between Section 208 of the Panchayati Raj Act and Section 11 of the State Election Commission Act. The disqualifications prescribed for being elected and/or continuation of a Member of Panchayat/Municipality in Section 11 of the State Election Commission Act, are neither inconsistent nor repugnant to Section 208 of the Panchayati Raj Act though the latter Act has provided some additional disqualifications as well. Both the provisions, thus, are supplementary and complementary to each other. Moreover, if the appellants contention is accepted, it will render Section 208 of the Panchayati Raj Act redundant and superfluous.
34. We are, therefore, of the view that in the absence of an express provision, no inference of implied repealing of Section 208 of the Panchayati Raj Act can be drawn out of Section 143(1) of the State Election Commission Act.
35. We are also not impressed by the contention of Shri Malkiat Singh, learned Counsel for the appellant in the connected case, that the ‘disqualifications’ for membership’ as provided in Section 208 of the Panchayati Raj Act are for the limited purpose of suspension and/or removal of such member under Section 20(1)(a) of the Act. From the unambiguous language of Section 208(1), it goes without saying that the said provision not only disqualifies a person from being elected as a Member of the Panchayat, he cannot even continue as such if the disqualification is incurred by him after the election. The fact that he can be debarred from contesting the election if he suffers from any of the disqualifications, would obviously give rise to an election related dispute, to be adjudicated by the Election Tribunal. On the other hand, Section 20 of the Act pertains to the powers of the Director, Panchayats to suspend or remove a Panch/Sarpanch through a punitive measure. Incurring of disqualification under Section 208 is one of the grounds upon which a Member of Panchayat can be suspended or removed from the office. The two provisions, thus, have altogether different consequences to follow.
36. The appellants’ contention that an election can be declared void invalid under Section 89 of the State Election Commission Act only when the elected person is found to be disqualified to be chosen either under the Constitution of India or “under this Act” and as such the election can be set aside only on the basis of disqualifications enlisted in Section 11 of the State Election Commission Act, also over-looks the fact that by virtue of Section 210 of the Panchayati Raj Act, State Election Commission constituted under the State Election Commission Act, 1994 is equally competent to deal with the election related disputes arising under the Punjab Panchayati Raj Act, 1994.
37. The appellants have also placed reliance upon the judgment of a Coordinate Bench of this Court, reported as Mr. Des Raj v. Surjit Kaur (2001-2) 128 A.L.R. 74. After going through the aforesaid judgment, we arc of the view that the issue involved in the present case, was neither raised nor adjudicated by the Bench in the above quoted case.
38. It, thus, emerges from the above resume of discussion that the State Election Commission Act has been enacted for the constitution and establishment of the State Election Commission and Election Tribunals for the adjudication of election related disputes of Panchayats as well as Municipalities. On the other hand, the Panchayati Raj Act and the Municipal Act are the special legislations operating in their respective fields in relation to the establishment of the institutions of self-governance in ‘rural’ as well as ‘urban’ area respectively. Since the Panchayati Raj Act and the Municipal Act are meant to administer Parts IX and IX-A of the Constitution, it is imperative upon the respective elected members of Panchayat and/or Municipality to satisfy the eligibility conditions prescribed in the two Statutes and not to incur any disqualification, if so provided, under these Statutes.
39. That apart, the Panchayati Raj Act is directly referable to Article 243-F(1)(b) of the Constitution of India, therefore, a member of the Panchayat, if disqualified under this Act, shall continue to carry the burden of being a ‘disqualified member’ under the aforesaid Article of the Constitution also.
40. By enacting two express provisions, namely Section 208 in the Panchayati Raj Act and Section 11 in the State Election Commission Act, though the State Legislature has created a deceptive impression of two overlapping provisions, however, since the two pieces of legislations operate in different fields and there can be no embargo on the State Legislature to prescribe additional disqualifications for being chosen or continuation of an elected member of a Panchayat, the disqualifications as prescribed in Section 11 of the State Election Commission Act will have to be read into Section 208 of the Panchayati Raj Act.
41. In view of what has been discussed above, we hold that a person shall be disqualified for being chosen and for being a member of a Panchayat if, he incurs any of the disqualifications enlisted in Section 208 of the Punjab Panchayati Raj Act, 1994 and/or Section 11 of the Punjab State Election Commission Act, 1994.
The reference is, accordingly, answered.
