Satya Parkash Goyal, J. - (1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the Petitioners have challenged the election of Sarpanch, Respondent No. 2 and the Panches Respondents Nos. 3 to 8 held on June 8, 1978.
(2.) The Haryana Government constituted Nangal Sabha area under Sec. 5 of the Gram Panchayat Act 1952 vide notification dated April 15, 1977. The number of Panches including the Sarpanch of the Gram Panchayat Nangal was fixed at six, five from the general quota and one from the reserved quota from amongst the members of the Scheduled Caste. Sub -section (1) of Sec. 5 further provides that if no woman is elected as Panch then a woman member of the Sabha who is qualified to be elected is to be co -opted as Panch in the manner prescribed. The election of the Sarpanch and Panches was ordered to be held on June 8, 1978 according to the election programme and Shri T.D. Sbarma was appointed as the Returning Officer for that purpose. The Returning Officer by wrongly interpreting the notification at the time of the election announced that four Panches including a Scheduled Caste Panch and Sarpanch were to be elected for the said Panchayat and kept one vacancy reserved for a woman panch. In the election held, Respondent No. 2 was declared elected as Sarpanch and Respondents Nos. 3, 4, 5 and 7 as Panches. When the matter came to the notice of the Government, notification, Exhibit P -3 dated September 13, 1978 was issued declaring Shri Parbhati, Respondent No. 6 to have been elected as member Gram Panchayat Nangal. The said notification and the legality of the election of the Panches and the Sarpanch have been challenged by the two voters of the said Gram Sabha but the challenge against the election of the Sarpanch was not pressed at the time of arguments.
(3.) So far as notification, Exhibit P. 3, issued by the State of Haryana is concerned, I have already held in Civil Writ Petition No. 4485 of 1978 Shera Ram and Ors. v/s. State of Haryana and Ors. decided on April 25, 1980 that the Government has no authority to declare anybody elected as Panch by issuing such a notification. For the reasons recorded in that decision, Exhibit P -3, has to be quashed.;