MEHINDER SINGH SULLAR,J. - (1.) THE epitome of the facts, culminating in the commencement, relevant for deciding the core controversy involved in the instant writ petition and emanating from the record, is that in the wake of general Gram Panchayat elections, the following members were elected as Panches of Gram Panchayat of village Kang. District Hoshiarpur :- i) Gurmej Kaur w/o Harban Singh, SC (woman) ii) Paramjit Kaur w/o Sucha Singh (woman) iii) Harbhajan Singh s/o Rulia Ram (SC) iv) Dhanpal s/o Chanan Singh (General) v) Gurmukhdas s/o Joga Singh (General)
(2.) THE post of Sarpanch was reserved for scheduled caste category. The petitioner claimed that as he belongs to scheduled caste category and no other name was proposed, therefore, he was duly elected as Sarpanch in the meeting held on 16.7.2008, in the category of scheduled caste, in view of the provisions of the Punjab Panchayati Raj Act, 1994 (hereafter to be referred as "the Act"). The name of the petitioner was also notified as Sarpanch in scheduled caste category, vide notification dated 6.8.2008 (Annexure P2). The case set up by the petitioner, in brief in so far as relevant, was that after the decision dated 26.8.2008 (Annexure P3) of this Court rendered in CWP No. 14927 of 2008, (wherein it was held that the woman elected to the post of Panch against the reserved category of Scheduled Caste Women, was fully eligible to contest the election for the post of Sarpanch, which was reserved for Scheduled Castes category, being a 'woman' belonging to Scheduled Caste), Panch Gurmej Kaur (respondent No. 6) made representation dated 3.9.2008 (Annexure P4) to Sub Divisional Magistrate, Dasuya, stating therein that although she was elected as Sarpanch of Gram Panchayat of village Kang in the meeting held on 16.7.2008, but the Presiding Officer has wrongly sent the name of the petitioner for notification. A similar application dated 4.9.2008 (Annexure P5) was given to Deputy Commissioner, Hoshiarpur. As the representations were not decided, therefore, she filed CWP No. 17125 of 2008 with a prayer that she be declared elected as Sarpanch of the Gram Panchayat. On issuance of notice of motion, respondent No. 1 issued a corrigendum dated 4.12.2008 (Annexure P7), substituting her (respondent No. 6) name as Sarpanch in place of the petitioner, without holding any inquiry as to whether she was actually elected as Sarpanch or not and issuing any notice of hearing to him (petitioner) in this regard.
(3.) THE petitioner did not feel satisfied and filed the instant writ petition, challenging the impugned notification/corrigendum (Annexure P7), invoking the provisions of Articles 226 and 227 of the Constitution of India, inter-alia, on the grounds that the same is illegal, arbitrary, void, inoperative and violative of principles of natural justice.;