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2009 Supreme(P&H) 23

SATISH KUMAR MITTAL, JASWANT SINGH
Malkit Kaur – Appellant
Versus
State Of Punjab – Respondent


Judgment

Satish Kumar Mittal, J.

1. This order shall deal with CWP Nos. 10804 of 2008, 10877 of 2008 and 11431 of 2008.

2. In CWP No. 10804 of 2008, the petitioners, who contested the election for the seat of Panch of Gram Panchayat of Village Moond Khera and secured 2 and 108 votes, respectively, and were declared defeated, have filed this petition for quashing the election result, whereby respondent No. 6 (Amar Singh) and respondent No. 7 (Hasan Ali) have been declared elected by the Presiding Officer, who had secured 49 and 21 votes, respectively, the same being unconstitutional, illegal and void; and further for quashing the Instructions dated 26.6.2003 (Annexure P3) issued by the Secretary to Government Punjab, Rural Development and Panchayat Department, Chandigarh, on the basis of which the above-said result was declared.

3. It is the case of the petitioners that Gram Panchayat of Village Moond Khera consists of five Members (known as Panches), who are to be elected by the electorals of the Gram Sabha. As per Section 11 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the `Panchayati Raj Act), out of five seats of Panches, one was reserved for Scheduled Caste











































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