SATISH KUMAR MITTAL,J. - (1.) THE petitioner, who contested the election of the office of Sarpanch of Gram Panchayat, Village Gaga, Tehsil Lehra, District Sangrur, and was declared elected, having secured 5 votes out of 9, has filed the instant petition for issuing direction to the respondents to notify her name as elected Sarpanch of the Gram Panchayat and further for issuing direction to the respondents not to convene another meeting for re-conducting the election of the Sarpanch.
(2.) IN the present case, the Gram Panchayat, Village Gaga consists of 9 Panches. As per Section 11 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), vide the notification, 9 seats of Panches have been reserved for different categories. As per notification issued under Section 12 of the Act, the office of Sarpanch of the Gram Panchayat has been reserved for women. The election of the Panches of the Gram Panchayat was held on 26.5.2008, in which the petitioner and respondent No. 7 were also elected as Panches. After the election of the Panches, their names were duly notified and oath of allegiance was administered to them. Thereafter, under Section 13-A of the Act, the Deputy Commissioner authorised respondent No. 4 to convene the first meeting of the Gram Panchayat to conduct the election of the Sarpanch from amongst the Panches of the Gram Panchayat. Accordingly, the first meeting of the Gram Panchayat was convened by the Presiding Officer on 20.7.2008. Out of 9 Panches, only 5 came present in the said meeting. Therefore, due to lack of quorum, the meeting was postponed. Thereafter, the said meeting was again held on 29.7.2008, which was attended by all the 9 Panches of the Gram Panchayat. Names of the petitioner and respondent No. 7 were proposed and seconded by different Panches for the office of Sarpanch. After nominating two names, the Presiding Officer decided to elect Sarpanch by casting votes through ballot papers and consequently, the ballot papers containing names of both the candidates were circulated to all the Panches. All the 9 Panches casted their votes and thereafter, in the presence of the Presiding Officer and Shri Jaswinder Singh Khaira, Naib Tehsildar, Lehra, who was observer, the votes were counted. The petitioner secured 5 votes, whereas respondent No. 7 secured 4 votes. The petitioner was duly declared elected as Sarpanch of the Gram Panchayat. Her declaration as Sarpanch has been duly recorded in the proceeding book of the meeting, copy of which has been annexed with the petition as Annexure P-1.
(3.) AFTER the election, a note was added in the proceeding book by the Presiding Officer that due to weak eye sight of one Panch, one vote has been wrongly casted. Therefore, it has become necessary to postpone the election.;