K.S.GAREWAL,J. - (1.) THE short question in this group of petitions is with regard to the number of seats allotted to or reserved for different categories of persons for the offices of Sarpanches, as a result of elections to Gram Panchayats which are under way in Punjab.
(2.) ACCORDING to Article 243(D) of the Constitution of India there is reservations of seats in favour of Scheduled Castes in every Panchayat. The number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats as the population of the Scheduled Castes in that area bears to the total population. It has further been provided that such seats may be allotted by rotation to different constituencies in a Panchayat. Furthermore, there is to be 1/3rd reservation in favour of women. Section 12(a) of the Punjab Panchayati Raj, 1994 (hereinafter referred to as 'Panchayat Act') provides reservation of seats for the office of Sarpanch and this is of direct concern to us in the present cases. Section 12 lays down that offices of Sarpanches of Gram Panchayats in the district shall be reserved for Scheduled Castes in the same proportion as the population of Scheduled Castes in the district bears to the total population in the district. Furthermore, reservation in favour of women too follows the mandate of Article 243(D). Under Section 12(4) offices reserved under Section 12(1) shall be allotted by rotation to the different Gram Panchayats in such manner as may be prescribed. The explanation of this sub-section states that the principles of rotation for the purposes of reservation shall commence from the first election to be held after the commencement of the Act.
(3.) IT is under the Punjab Reservation for the Offices of Sarpanches of Gram Panchayats, Chairman and Vice Chairman of Panchayat Samities and Zila Parishads Rules, 1994 (hereinafter referred to as the 'Reservation Rules') that provision has been made for reservation of seats for the offices of Sarpanches. Under Rule 3 the Deputy Commissioner has been empowered to reserve the offices of Sarpanches for persons belonging to the Scheduled Castes in the same proportion as the population of the Scheduled Caste in the district bears to the total population of the district. The Deputy Commissioner is also to prepare the roster of reservation.;