Petitioner challenged election of respondent as Sarpanch, claiming ineligibility due to prior election as Panch from General Category seat. Court relied on prior judgment holding Scheduled Caste women eligible regardless of prior category, dismissing petition.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 12844 of 2008
DATE OF DECISION: SEPTEMBER 04, 2008
Sunder 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. A.K.Khunger, Advocate, for Mr.R.K.Singla, Advocate, for the petitioner.
SATISH KUMAR MITTAL, J. (Oral)
The petitioner, who was elected as Panch of Village Gram Panchayat Katcha Seed Farm, Tehsil Abohar, District Ferozepur, from the seat reserved for Scheduled Caste category, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.7, who has been elected as Sarpanch of the Gram Panchayat, on the ground that said respondent was not eligible to contest the election for the office of Sarpanch because he was elected as a Panch from the General Category, even though he is a Scheduled Caste.
After hearing the counsel for the petitioner, the contention raised by the learned counsel cannot be accepted as this court in CWP No.14300 of 2008 titled as “Gurmit Kaur vs. State of Punjab and others”, decided on August 26, 2008, has held that a woman belonging to
C.W.P. No. 12844 of 2008 -2-
Scheduled Caste, is fully eligible to contest the election for the post of Sarpanch, which is reserved for Scheduled Caste (Woman), irrespective of the fact that she was elected as Panch of the Gram Panchayat against the reserved seat of General Category.
In view of the above, we do not find any merit in this petition and the same is hereby dismissed.
(SATISH KUMAR MITTAL) JUDGE
September 04, 2008 vkg
( JASWANT SINGH ) JUDGE
1 issue framed by the court
Whether a woman belonging to Scheduled Caste is eligible to contest election for Sarpanch reserved for Scheduled Caste (Woman) if she was previously elected as Panch from General Category seat.
Colour shows how this judgement treated each authority
Gurmit Kaur vs. State of Punjab and othersRelied on¶13
CWP No. 14300 of 2008 titled as Gurmit Kaur vs. State of Punjab and others
1 provisions across 1 enactments
Sunder Singh
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
