Vijender Jain, C.J. - (1.) MR . Amol Rattan Singh, A.G. Punjab has placed before us a Notification dated 4.6.2008 amending the Punjab Panchayati Election Rules, 1994. Sub -Rules 2 to 7 of Rule 45, as amended by the aforesaid notification, are relevant for adjudication of the matter, which are to the following effect: 45. Election of Chairman, Vice Chairman of Panchayat Samiti and Zila Parishad and Sarpanch of Gram Panchayat: (1) xxx xxx xxx (2) Two third of the total number of members shall constitute a quorum. (3) As soon, as the members have assembled at the appointed time and place, the Presiding Officer shall call upon the members present to propose candidates for the three offices and every proposal shall also be seconded by a member. The names of the candidates, their proposers and seconders shall be recorded in Form -XI and read out by the Presiding Officer to the members present. (4) If at the first meeting, there is no quorum as specified in Sub -rule (2), the Presiding officer shall adjourn the meeting. (5) When a meeting is adjourned under Sub -rule (4), another meeting shall be convened by the Presiding Officer by giving not less than twenty four hours notices to the members. (6) No quorum shall be necessary for the second meeting. (7) If there are two or more candidates for a seat of Chairman or Vice Chairman or Sarpanch, the votes of the members, present at the meeting, shall be taken by ballot in Form -XII. A copy of the result of the election, so held, shall immediately, be sent by the concerned officer, conducting election to the District Electoral Officer, the Election Commissioner and the State Government with a copy of elected candidate.
(2.) SUB -Rule (7) of Rule 45 ibid provides that if there are two or more candidates for a seat of Chairman or Vice Chairman or Sarpanch, the votes of the members present at the meeting shall be taken by ballot in Form XII, that means that if election has to be take place, then it has to be by a ballot. The ballot which has been prescribed under Sub -rule 7 Rule 45 necessarily has to be a secret ballot. With these observations, no further directions are required to be passed in this petition and the same stands disposed of.;