Dismissed
Sardar Singh and Ors. v. State of Punjab and Ors.
Punjab & Haryana HCCWP/10189/2008
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of 2008 : 1 : In the High Court of Punjab…
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of 2008 : 1 : In the High Court of Punjab…
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CWP No.10189 of 2008 : 1 :
In the High Court of Punjab and Haryana at Chandigarh.
Date of decision: 18.08.2009
Sardara Singh and others
Petitioners
Vs.
The State of Punjab and others
Respondents
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: Mr.TP Singh, Advocate, for the petitioners. Mr.PC Goyal, Addl.AG, Punjab. Mr.Sukhjinder Singh, Advocate.
PERMOD KOHLI, J.
The petitioners are seeking the reservation of the seats for Scheduled Caste and have also challenged the election of respondent No.7 to 10 as Panches of village Kalauli Jattan, held on 26.05.2008. A further direction is also sought to declare all five seats of village Kalauli Jattan as general seats and for holding fresh elections.
It may be useful to notice the facts of the case.
It is stated by the petitioners that before partition of the country, there were two pattis in village Kalauli Jattan, Block Rajpura, District Patiala i.e. Patti Musalmana and Patti Hindu. After the partition the Muslims migrated to Pakistan and the
CWP No.10189 of 2008 : 2 :
village remained occupied by three castes, namely, Jatt Sikh, Rajputs and Scheduled Castes. It is further stated that till 1998 it was a single Gram Sabha for village Kalauli. However, in the year 1998, two Gram Sabhas were formed from the existing village Kalauli. Gram Sabha Kalauli and Gram Sabha, Kalauli Jattan have been segregated. The Scheduled Castes and Rajputs were in Gram Sabha Kalauli whereas in Gram Sabha, Kalauli Jattan some Rajputs and all Jatt Sikhs and one house of Scheduled Caste remained. It is further mentioned that in the year 1998 on the basis of the last census held in the year 1991, five seats of Panches were created, out of which one was for Scheduled Caste category. It is also alleged that even one vacancy could not have been reserved as there were only four voters of a single SC family in the village. The position continued in the year 2003 elections. It is also alleged that on the basis of the wrong information supplied by respondent No.6, three seats of the Panches have been reserved for Scheduled Castes category i.e. two male SC and one female SC and rest of the two seats have been earmarked for general category.
The government notified the details of the Panches to each Gram Panchayat of Rajpura, District Patiala, vide Annexure P-2. For village Kalauli Jattan five seats have been fixed: two for SC male and one for SC female, one each for general male and
CWP No.10189 of 2008 : 3 :
female. Vide Annexure P-3, the population for village Kalauli Jattan has been notified as 597 as per 2001 census comprising of 230 of general population and 330 as SC population. Based upon the aforesaid population figures, seats have been reserved. It is the case of the petitioners that this population has been wrongly shown. The petitioners have referred to the voter list Annexure P- 6 wherein only scheduled caste votes have been shown. In this voter list, the total votes have been shown as 563. Even this position is challenged by the petitioners. The total case of the petitioners is that there are only four voters of village Kalauli Jattan, that too belonging to the same family and three persons filed nominations- two male and one female. However, the nomination of one male candidate has been rejected and rest of the two candidates have been elected un-opposed.
Vide order dated 11.07.2008, this Court directed the Deputy Director (LD), Department of Rural Development and Panchayats, Chandigarh, to visit the spot for physically verify the authenticity of Annexure P-12. Annexure P-12 is the personal survey carried out by the petitioners regarding the population of the village. The Deputy Director (LD) Department of Rural Development and Panchayats, Punjab, Chandiarh, has filed his report dated 18.07.2008 and has supported Annexure P-12.
In the reply filed by the respondents, it is stated that
CWP No.10189 of 2008 : 4 :
reservation of the seats were fixed based upon the census of population notified by the census department. It is further stated that the report of the Deputy Director (LD) Department of Rural Development and Panchayats, Punjab, Chandigarh, cannot supersede the figures of the census department. It is further stated that the elections of the Gram Panchayat, Kalauli Jattan, already stands completed and even the election of Sarpanch has already been held.
In his report dated 18.07.2008 submitted by the Deputy Director (LD), Department of Rural Development and Panchayats, Punjab, Chandigarh, the details of the population for village Kalauli Jattan have been given. He has only mentioned that there are only 70 houses in village Kalauli Jattan. The detail is as under:-
“Kalauli Jattan:
Total No. of household = 70 out of these:
a) 46 households are of Jatt Sikh
b) 20 households are of Rajput (Od)
c)1 household is of Jhewar Caste d) 1 household is S.C ((Ramdasia category)
e) 1 household is Brahman Caste
f) 1 household is Muslim family”.
CWP No.10189 of 2008 : 5 :
In the concluding paragraph of the report, he has submitted that if Rajputs are put under SC category then entire population of village will be of S.C. Category and all the seats of Panches will go to SC category only. He has further mentioned that Rajputs community are treated in two different ways: both under general and SC categories. This community is largely put under general category in village Kalauli and while they are kept under SC category in village Kalauli Jattan.
The private respondents in their reply have stated that as per last census of 2001, the total population of the village is 597 and out of which 356 are SC category. It is further stated that in village Kalauli Jattan, people belonging to “Od” caste have been declared SC in the State of Punjab.
It is the admitted case of the parties that the elections to the Panchayats have already been completed and all vacancies have been filled up for the period notified. The petitioners are disputing the population figures. Even the report submitted by the Deputy Director (LD) Department of Rural Development and Panchayats, Punjab, Chandigarh, is not clear regarding the population of the total village as also the SC category. There is no clear finding in this regard. The elections having been completed, it does not require any interference in exercise of writ jurisdiction. Since some doubt has been created regarding the population, the
CWP No.10189 of 2008 : 6 :
State Government is directed to conduct a fresh survey of the total population as also category-wise for the next elections. In so far as the relief claimed in the present writ petition is concerned, no direction can be issued at this stage. If the petitioners are, however, aggrieved of the elections, they are at liberty to file Election Petition challenging the same in accordance with law.
With these observations the writ petition is dismissed.
No costs.
18.08.2009 (PERMOD KOHLI) BLS JUDGE
Note: Whether to be referred to the Reporter? YES
Sardara Singh and others
The State of Punjab and others
PERMOD KOHLI
As recorded by the court registry
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