Ajay Tewari, J. - (1.) BY this writ petition, the petitioners have challenged the action of the official respondents in holding Panchayat elections of village Waraich Block Dhariwal, Tehsil and District Gurdaspur in May 2008 for 5 seats of Panches.
(2.) COUNSEL for the petitioners has argued that Section 10 of the Panchayat Raj Act, 1994 (for short 'the Act'), gives a schedule for the number of Panches to be elected as per the population of the village. As per the population of village Waraich, the constitution of the Gram Panchayat had to be with 7 Panches. However, election for only 5 Panches was held. He has further argued that similar mistake has also occurred in other villages. Consequently, it has been prayed that a writ of mandamus be issued directing the official respondents to hold election for 7 Panches and quash the election of 5 Panches held earlier. In the written statement, the official respondents have accepted that due to rush of work, correct schedule as per the population of village Waraich as reported in the census report of the year 2001 could not be prepared. It has been admitted in the written statement that election of 7 Panches should have been held instead of 5 Panches. It has been further stated in the reply that to remedy the error, election of the remaining 2 Panches had been recommended.
(3.) IT is not disputed that in fact election of 2 new Panches was thereafter held and those two freshly elected Panches are respondents No.7 & 8 before this Court.;