SATISH KUMAR MITTAL. J.

1. In this writ petition, the petitioner raised the question whether the election of Sarpanch of the gram Panchayat of Village Akoi Sahib, Tehsil and District Sangrur can be kept in abeyance till filling up of the casual vacancy of the Member, Gram Panchayat, which has occurred due to the death of one Member, after notification of the election of the Gram panchayat under Sec.13 of the Punjab panchayati Raj Act, 1994 (hereinafter referred to as the Act ).

2. In this case, the State of Punjab vide gazette Notification dated 12.2.2008 issued under Sec.10 (2) of the Act constituted gram Sabha Akoi Sahib consisting of seven members. Subsequently, as per the election programme, the election for the office of panches was held in village Akoi Sahib on 26-5-2008. All seven Panches were duly elected as per the reservation. Thereafter, the said election was duly notified under Sec.13 of the Act. After the said notification, one elected Panch, namely, Harminder Singh, was murdered on 24-6-2008. Subsequently, the Deputy Commissioner in exercise of the powers under Sec.13-A of the Act authorised respondent No.4 to convene the meeting of the newly elected Panches for election for the office of Sarpanch. In view of the said authorization, respondent No.4 convened a meeting of the Panches for election for the office of Sarpanch on 12.8.2008.

3. The petitioner, who is one of the resident of the village, has filed the instant petition for issuing direction to respondent nos.3 and 4 not to convene the meeting of panches and to hold the election for the office of sarpanch of Gram Panchayat of Village akoi Sahib without filling up the casual vacancy which has occurred due to the death of one of the elected Panch.

4. Counsel for the petitioner contends that until and unless the casual vacancy is filled up and the election of all the seven seats of the Panchayat is completed, the election for the office of Sarpanch of Gram panchayat cannot be conducted. Counsel further contends that the office of Sarpanch of Gram Panchayat of Village Akoi Sahib is for general category. The petitioner also wants to contest the vacant seat of Panch and if he is elected as Panch. he can also contest the election for the office of sarpanch.

5. We do not find any merit in the contention raised by the counsel for the petitioner. In our opinion, at this stage, the petitioner, who is yet to contest the election of panch, has no locus standi to seek the aforesaid direction/moreover, none of the elected panches is having any grouse against holding of the election for the office of Sarpanch.

6. Section 10 of the Act provides that every Gram Sabha shall elect from amongst its members a Gram Panchayat for the Gram sabha area bearing the name of its Gram sabha and consisting of such number of panches as notified in the Official Gazette. In the instant case, according to the notification Annexure P-1, the Gram Sabha of village Akoi Sahib is to elect seven members of the Gram Panchayat. Sec.13 (1) of the act further provides that every election of panch shall be notified by the State government in the Official Gazette and no member shall enter upon his duties until his election has been so notified and he has taken an oath or affirmation as specified in schedule 1. In the instant case, the election of all the seven members of the Gram Panchayat of Village Akoi Sahib was duly held and seven members were duly elected. Undisputedly, their election has also been duly notified by the Government.

7. Further, Sec.13-A of the Act provides for holding of the first meeting of the gram Panchayat and election of the sarpanch by the members of the Gram panchayat. This Section further provides that Deputy Commissioner or any officer or official of the State Government, authorised by him in this behalf, shall call the first meeting of the Gram Panchayat in the manner, as may be prescribed, as soon as, the election of all Panches is notified, to elect the sarpanch fr