JUDGEMENT
MEHINDER SINGH SULLAR, J. -
(1.) THE matrix of the facts, which needs a
necessary mention for a limited purpose of deciding the core controversy
involved in the instant writ petition and emanating from the record, is
that in pursuance of Notification dated 12.5.2008 (Annexure P1) issued
under Section 12 of the Punjab Panchayati Raj Act, 1994 (hereafter to be
referred as "the Act"), the Deputy Commissioner, Ferozepur has
reserved/notified the office of Sarpanch of Gram Panchayat of Basti Sohan
Singh (Abadi Jorra) of Zira Block 69 as 'general category'.
(2.) SEQUELLY , the Secretary to Government of Punjab notified five posts of Panches, out of which, two posts were reserved in general category, one
for women, one for scheduled caste, nil for scheduled caste woman and one
for backward class, vide schedule (Annexure P2) on the basis of
population. The reservation was repeatedly changed from time to time and
ultimately official respondents issued another letter/order dated
9.6.2008 (Annexure P11), rectifying/reserving the posts of Panches.
Petitioner Sukhwinder Kaur, claiming herself to be a registered voter of village Basti Sohan Singh, did not feel satisfied with the indicated
reservations for the posts of Sarpanch and Panches and filed the instant
writ petition, challenging the impugned notification/order (Annexures P1
and P11), invoking the provisions of Articles 226 and 227 of the
Constitution of India.
(3.) THE case set up by the petitioner, in brief, in so far as relevant, was that the respondents have wrongly reserved the post of Sarpanch in
general category, vide notification (Annexure P1), whereas as per the
provisions of the Act, the post of Sarpanch should have been reserved, by
way of rotation for scheduled caste category, as in the election held in
the year 1998, the post of Sarpanch was reserved for lady in general
category.;
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