SATISH KUMAR MITTAL,J - (1.) "Whether Lambardars and Anganwari Workers, who were intending to contest the election of Panches of the Gram Panchayat, which was to be held on May 26, 2008, are holding the 'office of profit' under the State Government and as such they are disqualified for being chosen as, and for being, a member of a Panchayat," - is the question which is to be considered in these writ petitions.
(2.) SECTION 37 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as 'the State Election Commission Act') provides that any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of this Act. Section 208 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Panchayati Raj Act') provides for various disqualifications for being chosen as a member of a Panchayat. Clause (g) sub-section (1) of Section 208 of the Panchayati Raj Act provides that a person shall be disqualified for being chosen as, and for being a member of a Panchayat if, he is a whole-time salaried employee of any local authority, Statutory Corporation or Board or a Co-operative Society registered under the Punjab Cooperative Societies Act, 1961, or of the State Government or the Central Government. Section 11 of the State Election Commission Act also provides various disqualifications for membership of a Panchayat or a Municipality. Clause (g) of Section 11 provides that a person shall be disqualified for being chosen as, and for being a member of a Panchayat or a Municipality, if he holds an office of profit under the Government of India or any State Government. Both the aforesaid Acts, i.e., Panchayati Raj Act and the State Election Commission Act, came into being in view of 73rd and 76th amendment of the Constitution of India to strengthen the self governments of the Local Bodies. By those amendment, various Articles were inserted in Part IX of the Constitution. Article 243F of the Constitution deals with the disqualifications for a member of a Panchayat, which is reproduced as under :- "243F. disqualification's for membership. - (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat - (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualification's mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide."
(3.) WHEN the Punjab Government decided to hold the general election of the Panchayats in the month of May, 2008, many District Electoral Officers-cum- Deputy Commissioners in the State of Punjab sought clarification from the State Election Commission whether the Lambardars and Anganwari Workers are eligible to contest the election of the Panchayati Raj Institutions like Panchayat and Municipality. The State Election Commission vide its Memo dated 30.4.2008 (Annexure P1) clarified that Lambardars and Anganwari Workers hold the office of profit under the State Government, therefore, they are not qualified to contest the election of Members, Panchayats. Feeling aggrieved against the said clarification, the petitioners, who are working as Lambardars and Anganwari Workers at different places in State of Punjab, have filed CWP Nos. 7727, 8264, 8270, 8279 and 8310 of 2008 with a prayer for quashing the Memo dated 30.4.2008 (Annexure P1) which debars the Lambardars and Anganwari Workers from contesting the elections to the Panchayat Samitis and Zila Parishads in the State of Punjab. CWP No. 11724 of 2008 has been filed by the petitioner for issuing direction to respondents No. 1 to 4 not to permit respondent No. 5- the Anganwari Worker, to participate in the election of Sarpanch of Gram Panchayat of Village Ghaloti. We will deal with these petitions in two different heads. Writ Petition filed by the Lambardar: (CWP No. 7727 of 2008);