- (1.) The facts giving rise to this petition under Article 226 of the Constitution of India are beyond the pale of controversy. Election of the members of the Gram Panchayat of Saggu Dhaun, Tehsil Muktsar, District Faridkot was held. Five members (Panches) were declared elected by the Returning Officer. Two women candidates namely Shrimati Gurmail Kaur petitioner and Shrimati Charanjit Kaur (Scheduled Caste) contested the election, but they could not succeed. Petitioner secured 41 votes whereas Shrimati Charanjit Kaur secured 30 votes.
(2.) No woman or Harijan Panch was declared elected by the Returning Officer. The provisions of Section 6(4) of the Punjab Panchayat Act, 1952 (hereinafter called 'the Act') are in the following terms :- "6(4) If only one woman or no woman is elected as a Panch and the number of unsuccessful contesting women candidates is two or more, then one woman or two women, as the case may be, securing the highest number of valid votes from amongst unsuccessful women candidates shall be deemed to have been elected as Panches : Provided that if only one woman or no woman is deemed to have been elected then one woman or two women, as the case may be, shall be co-opted by the Gram Panchayat in the prescribed manner from amongst the members of the Gram Sabha qualified to be elected as Panch. (4-A) If the number of Panches of a Gram Panchayat determined under sub-section (1) is less than seven and the population of Scheduled Castes in the Sabha area of that Gram Panchayat is five percentum or more of the population of the Sabha area it shall have one Panch belonging to the Scheduled Castes and if the number of Panches of the Gram Panchayat so determined is seven or more and the population of the Scheduled Castes in the Sabha area of such a Gram Panchayat is ten percentum or more of the population of the Sabha area then it shall have two Panches belonging to the Schedules Castes. Explanation. ... ... ... ... ... . .. ... ... . (4-B) If the required number of successful candidates does not include one or two Panches, as the case may be, belonging to Scheduled Castes, then one candidate or two candidates, as the case may be, belonging to Scheduled Castes, securing the highest number of valid votes from amongst the Scheduled Castes candidates shall be deemed to have been elected as the last or the last two Panches : Provided that if the requisite number of Panches belonging to Scheduled Castes as determined under sub-section (4-A) is not elected in the manner given above, the Gram Panchayat shall co-opt the requisite number in the prescribed manner from amongst members of the Gram Sabha belonging to Scheduled Castes qualified to be elected as Panch."
(3.) In view of the provisions of sub-section (4) of Section 6, read with sub-sections (4-A) and (4-B), and keeping in view the population percentage of the Scheduled Castes in the village, one Scheduled Caste was to be brought on the Panchayat as Panch and so also two women were to be brought on the Panchayat as Panches. Shrimati Charanjit Kaur Scheduled Caste woman, who contested the election but was not declared elected, was deemed to have been elected as being the only Scheduled Caste candidate, who contested but lost. This is so in view of the provisions of sub-section (4-B) of Section 6.;