GURDEV KAUR Vs. DEPUTY COMMISSIONER PATIALA

JUDGEMENT

(1.) THIS is a group of petitions challenging the result of the elections held for the Panchayats in the State of Punjab in regard to the women Panches as also the co-option of certain women Panches under the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the 'act' ).

(2.) WRIT petition No. 2941 of 1993 Gurdev Kaur v. Deputy Commissioner, Patiala, shall betreated as a leading petition and the facts in regard to this petition are narrated below:-On 31st December, 1992, the State of Punjab issued a notification establishing a Gram Sabha for the area of village Bakhshi Wala, Block Rajpura, District Patiala. The Deputy Commissioner, Patiala issued election programme for election in respect of the Bakhshi Wala Gram Panchayat. Under the said election programme, 17th January, 1993, was the date of the filing of nomination papers and the polling was to take place on I8th January, 1993. According to the notification dated 31st of December, 1992, one Sarpanch and five Panches were to be elected. The petitioners Gurdev Kaur and Hardevi filed nomination papers. The result was declared on 18th of January, 1993 but both Gurdev Kaur and Hardevi were declared to have been defeated. On 15th February, 1993, a meeting of the panches was Summoned for co-opting lady panches. The petitioners consequently filed the present writ petition in this Court for a relief that they be declared to have been deemed to be elected as women panches of Gram Panchayat Bakhshi Wala and a further direction was sought that no woman panch should be co-opted in respect of the said Gram Panchayat. The position, therefore, was that two women candidates contested for the office of panches -- Both of them were unsuccessful and now they sought a relief from this Court for being declared as deemed panches of the Gram panchayat, Bakhshi Wala.

(3.) THE facts in regard to the other connected petitions are also similar. Hence, it is not necessary to deal with the feels of each of the petitions separately.