Petitioner challenged the election of a woman candidate for Sarpanch (reserved category) on the ground she was elected as Panch from General category. Court dismissed the petition, relying on a prior sister bench decision that a woman from General category is eligible for reserved Sarpanch seat.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 11994 of 2008
DATE OF DECISION : 04.09.2008
Satinder Pal 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. Parminder Singh, Advocate, for the petitioner.
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner, who was elected as a Panch of Gram Panchayat Village Akbarpur, Block Bhawanigarh, Tehsil and District Sangrur, against the seat reserved for women, has filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.4 as Sarpanch of the aforesaid Gram Panchayat, on the ground that respondent No.4, though a woman, but was elected as Panch under General category, and therefore, she was not eligible to contest the election of the office of Sarpanch, which was reserved for women. It is the further case of the petitioner that she is the only eligible candidate, because she was elected as Panch against the seat reserved for women.
After hearing counsel for the petitioner, we do not find any
CWP No. 11994 of 2008
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substance in the contention of the petitioner. In our opinion, respondent No.4, who is a woman, though elected as Panch from General category, is fully eligible to contest the election of the office of Sarpanch, which is reserved for women. 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.
Accordingly, in view of the aforesaid 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
September 04, 2008 ndj
( JASWANT SINGH ) JUDGE
3 issues framed by the court
Whether a woman elected as Panch from General category is eligible to contest the office of Sarpanch reserved for women.
Whether the petitioner is the only eligible candidate since she was elected as Panch against the seat reserved for women.
Whether there is any merit in the petition filed under Articles 226/227 of the Constitution of India.
Colour shows how this judgement treated each authority
Sukhjit Kaur versus State of Punjab and othersFollowed¶17
CWP No. 13738 of 2008, titled as Sukhjit Kaur versus State of Punjab and others, decided on 5.8.2008
1 provisions across 1 enactments
Satinder Pal Kaur
State of Punjab
SATISH KUMAR MITTAL
JASWANT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
