MOHINDER PAL,J. - (1.) THIS appeal is directed aginst the order dated 28.10.2009 passed by the Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Amritsar (for short 'the Election Tribunal'), whereby Election Petition filed by petitioner Harpreet Kaur against the election Manjit Kaur (respondent No. 3) as Sarpanch of the Gram Panchayat of Village Ladhewal, Block Verka, District Amritsar, was dismissed.
(2.) I have heard Mr. Sarabjit Singh Khaira, Advocate, appearing for the appellant and Mr. G.S. Nagra, Advocate, appearing for respondent No. 3 (contesting respondent) and have gone through the records of the case. Elections for the Gram Panchayat of Village Ladhewal, Block Verka, District Amritsar, were held on 26.5.2008. The petitioner contested the election for the post of Panch against General Category (Women) and Manjit Kaur (respondent No. 3) contested the said election against the Scheduled Caste Category. Both the petitioner and respondent No. 3 won the said elections. Respondent No. 3 was elected as Sarpanch by the Panches.
(3.) IT is contended by the learned counsel for the petitioner that since respondent No. 3 had contested the election of Panch against the reserved category i.e Scheduled-Caste Category and the post of Sarpanch of Gram Panchayat of Village Ladhewal, Block Verka, District Amritsar, was kept reserved for General Category (Woman), the election of respondent No. 3 as Sarpanch of the said Gram Panchayat was illegal. However, I do not find any merit in this contention of the learned counsel for the petitioner. The petitioner did not enjoy majority of the Panches for her election as Sarpanch and a member of the Scheduled Castes cannot be disqualified to hold a seat not reserved for members of those castes, if she or he is otherwise qualified to hold such seat under the Constitution of India and the Punjab State Election Commission Act, 1994 (for short 'the Act'). Section 55 of the Act, which is relevant to set the controversy at hand at rest, for facility of reference, is reproduced as below :- "55. Eligibility of members of Scheduled Castes to hold seats not reserved for those castes. - For the avoidance of doubt, it is hereby declared that a member of the Scheduled Castes shall not be disqualified to ho!d a seat not reserved for members of those castes, if he is otherwise qualified to hold such seat under the Constitution of India and this Act. ;