- (1.) This petition is directed against the order dated March 26, 1975 (copy Annexure P. 1) whereby the Sub-Divisional Officer (C), Samana (respondent No. 2) co-opted Scheduled Caste candidates.
(2.) The election to the Panchayat Samiti, Samana, was held on February 26, 1975, and sixteen persons were elected. Under Rule 3 of the Punjab Panchayat Samitis (Co-option of Members) Rules, 1961 (hereinafter called 'the Rules'), the Deputy Commissioner or any other person appointed in this behalf is required to convene a meeting of the elected members for the purpose of co-opting members under Section 5(2) of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter called 'the Act'). Under Section 5, four members, are to be co-opted from amongst the Scheduled Castes and Scheduled Tribes and two from amongst the woman candidates. In the election which took place, none of the members either from Scheduled Caste or Scheduled Tribe or Woman was elected. Respondent No. 2 convened a meeting for the purpose on March 26, 1975. In this meeting fifteen elected persons participated and all the members requested the President, that is respondent No. 2, that Shri Valoo Ram, Shri Tulsi Ram, Shri Gulzar Singh and Shri Chhota Singh out of the Harijans and Shrimati Bachan Kaur and Shrimati Santokhi Devi out of women should be co-opted as is required under Section 5(2)(cc) of the Act and rule 4-A of the Rules. Respondent No. 2 did not agree to this end relying upon memorandum No. DPB. 4/75/15455, dated March 14, 1975, issued from the Development Commissioner and Secretary to the Government of Punjab to all the Deputy Commissioners of Punjab State decided that as Shrimati Bachan Kaur is a Scheduled Caste, she could be considered as the fourth Harijan member and as such only three out of Scheduled Castes unsuccessful candidates would be co-opted. In this view of the matter, he co-opted only three members, namely, Valoo Ram, Tulsi Ram and Chhota Singh. The petitioner lost in tie and, therefore, could not be opted. It is against this co-option held on March 26, 1975, that present petition has been filed.
(3.) It is pertinent to reproduce Section 5(2)(cc) of the Act which is in the following terms :- "5. Constitution of Panchayat Samitis. - ... ... ...; (2) Where a Panchayat Samiti is to be constituted for a block, it shall consist of the following members : ... ... ... (cc) after the first general election of Primary members of the Panchayat Samitis is held, co-opted Members to be co-opted in the following manner, notwithstanding anything contained in clause (c) or section 16 comprising - (i) two women securing the highest number of votes amongst the woman candidates in the election under sub-clause (i) of clause (a), where no woman is elected under clause (a) : Provided that if only one woman is so elected, then one more woman securing such highest number of votes shall be co-opted : Provided further that where no woman or only one woman contested the election, then two women, or one woman, interested in social work among women and children, as the case may be, shall be co-opted in accordance with the provisions of Section 16; (ii) four persons belonging to Scheduled Castes and Scheduled Tribes securing in the election under sub-clause (i) of clause (a) the highest number of votes amongst candidates of those Castes and Tribes, where no such person is elected under clause (a) : Provided that if only one, two or three such persons are elected under clause (a), then three, two or one such person, respectively securing in the election under sub-clause (i) of clause (a) the highest number of votes amongst candidates of those Castes and Tribes, shall be co-opted : Provided further that where no such person or less than four such persons contested the election, then four such persons or the requisite number of such persons, as the case may be, shall be co-opted in accordance with the provisions of Section 16.";