Rakesh Kumar Jain, J.

1. The present appeal is directed against the order passed by ADC-cum-Presiding Officer, Election Tribunal, Amloh, Sub Division, District Fatehgarh Sahib whereby Election Petition filed by respondent (Gurmeet Kaur) under Section 76 of Punjab State Election Commission Act, 1994 (for short `the Act) has been allowed.

2. Broadly, the facts of the case are that the respondent (Gurmeet Kaur) was elected as Panch of Gram Sabha Rupalheri, Block and Tehsil Bassi Pattana, District Fatehgarh Sahib in the category of Scheduled Caste (for short `SC) women. The appellant (Surinder Singh) was also elected Panch in the SC category. The post of Sarpanch of Gram Sabha was reserved for a SC. The election for the post of Sarpanch was conducted on 16.7.2008 in which four Panches had participated namely, Amrik Singh, Sukhdev Singh, Gurmeet Kaur and Paramjit Kaur but no one could be elected because of the lack of quorum and the election was postponed for 18.7.2008. On that day, all the seven Member Panchayats of Gram Sabha were present. In that election, Returning Officer (respondent No. 2) declared that post of Sarpanch is meant for SC candidate and the appellant i