- (1.) The only point which arises for determination in this writ petition is whether the petitioner, the only woman candidate, who contested election of a Gram Panchayat unsuccessfully, can be deemed to be elected in view of sub-section (4) of Section 6 of the Punjab Gram Panchayat Act (hereinafter referred to as the Act). The petitioner in this case is a woman who was the only lady candidate left in the field after the withdrawal of the nomination papers for the election of Panches of Gram Panchayat Fatehpur, District Ropar, after the scrutiny of the nomination papers. Her grievance is that although she was to be deemed to be declared as elected but the Returning Officer did not do so illegally. To appreciate, it is necessary to set down sub-sections (1), (3) and (4) of Section 6 of the Act :- 6. "Constitution of Gram Panchayats and disqualifications to be members thereof. - (1) Every Sabha shall, in the prescribed manner, elect from amongst its members a Gram Panchayat bearing the name of its Sabha consisting of such number of Panches, not being less than five and more than eleven, as the Government may determine taking into account the population of the Sabha area : Provided that the number so determined shall be exclusive of the number of women Panches deemed to have been elected under sub-section (4) or co-opted under that sub-section. (2) ... ... ... ... ... ... ... . (3) The election shall be held in the prescribed manner by secret ballot and direct vote and the number of candidates determined under sub-section (1) securing the highest number of valid votes shall be deemed to have been duly elected. (4) If only one woman or no woman is elected as a Panch and the number of unsuccessful contesting women candidates is two or more, then one woman or two women, as the case may be, securing the highest number of valid votes from amongst unsuccessful women candidates shall be deemed to have been elected as Panches : Provided that if only one woman or no woman is deemed to have been elected then one woman or two women, as the case may be, shall be co-opted by the Gram Panchayat in the prescribed manner from amongst members of the Gram Sabha qualified to be elected as Panch." From the perusal of the above provisions it is plain that in every Sabha there will be election in the prescribed manner for a Gram Panchayat and the number of Panches in every Panchayat shall not be less than five and more than eleven. It may vary in accordance with the population of the Sabha area. In addition to this the number so determined shall be exclusive of the number of women Panches deemed to have been elected under sub-section (4) or co-opted under that sub-section. Sub-section (3) provides that the election shall be held in the prescribed manner by secret ballot and direct vote and the candidates securing the highest number of votes shall by declared elected in accordance with the number of that Panchayat. Under sub-section (4) it is provided that if only one woman or no woman is elected as a Panch and the number of unsuccessful contesting women candidates is two or more, then the woman securing highest number of valid votes shall be deemed to be declared as elected. It is further provided that if only one woman or no woman is deemed to have been elected then one woman or two women, as the case may be, shall be co-opted. Admittedly no other woman contested the election except the petitioner. Hence the petitioner is deemed to be elected under sub-section (4). The interpretation put by the authorities is wholly erroneous. The intention of the legislature seems to be that at least in every Gram Panchayat there should be two women Panches and if they are not duly elected then the two unsuccessful women candidates securing the highest number of valid votes should be deemed to be elected in addition to the number of members prescribed for that Panchayat. Singular includes plural and vice versa. It would lead to an absurd result if the interpretation put by the Deputy Commissioner is to be accepted. In a democratic set up preference is to be given to a person who had contested instead of co-opting those who did not even contest the election. In this petition election of respondent No. 4 was also challenged but in view of the clear provision in Section 13(b), election of a Panch cannot be challenged except by way of an election petition. Hence petition against respondent No. 4 is dismissed.
(2.) Accordingly this petition is allowed with costs to the extent that the petitioner Smt. Nachhatar Kaur is deemed to have been elected, as a Panch of Gram Panchayat Fatehpur, District Ropar. Costs against respondent Nos. 1 to 3. Counsel's fee Rs. 300/-.;