SATISH KUMAR MITTAL, J. - (1.) THE petitioner, who was elected as Panch of Gram Panchayat of Village Naraingarh from General Category, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No. 5 as Sarpanch of the Gram Panchayat, which had taken place in the meeting of the Gram Panchayat held on 22.7.2008 on two grounds. Firstly, the office of Sarpanch of Gram Panchayat of Village Naraingarh was reserved for 'Woman' and since respondent No. 5, who has been elected as Sarpanch, was elected as a Panch from the reserved seat of S.C.(Woman), therefore, she was not eligible to contest the election of Sarpanch. Secondly, that out of seven Panches of the Gram Panchayat, only six have been elected, hence, the Gram Panchayat was not validly constituted, therefore, the election of the Sarpanch held in the meeting on 22.7.2008 was illegal, null and void.
(2.) SEPARATE replies have been filed on behalf of respondents No. 4 and 5. The same are taken on record. Undisputedly, in the present case, as per the notification issued under Section 10 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), Gram Panchayat of Village Naraingarh consists of seven members. Out of seven seats of Panches, under Section 11 of the Act, three seats of Panches were reserved for General Category, one for Women, two for Scheduled Castes and one for Scheduled Caste (Woman). In General Category, three persons, namely, Gurmeet Singh, Jagtar Singh and Netar Singh were elected whereas in reserved category of Scheduled Castes, two persons were got elected. Respondent No. 5 got elected against the reserved post of Scheduled Caste (Woman). However, no person was elected from the category of 'Woman'. In the written statement filed on behalf of respondent No. 4, it has been averred that no woman candidate filed the nomination paper against the seat reserved for Woman category.
(3.) AFTER the election, the names of six elected Panches were duly notified and they were also given oath or affirmation in accordance with Section 13 of the Act. Thereafter, the Deputy Commissioner authorized Shri Gurinder Singh Sodhi, Presiding Officer (respondent No. 4 herein) under Section 13-A of the Act to convene the first meeting of the elected members of the Gram Panchayat for the election of Sarpanch of the Gram Panchayat. Accordingly, Shri Gurinder Singh Sodhi, Presiding Officer, who was authorized by the Deputy Commissioner, conducted the meeting of the elected members of the Gram Panchayat on 22.7.2008, which was attended by five members in which respondent No. 5 was elected as Sarpanch of the Gram Panchayat being the only candidate for the office of Sarpanch. Hence the petitioner has filed the instant petition.;