1. Elections to the Gram Panchayat of village Palwali which was to consist of six members were held on the 1st July, 1971. Out of the 11 candidates for the election, the first six who secured the highest number of valid votes and who included two belonging to the Scheduled Castes, namely, Nand Kishor (securing 64 votes) and Kishan Chand, respondent No. 2 (62 votes) were declared elected in pursuance of the provisions of sub-section (4) of S. 5 of the Punjab Gram Panchayat Act, as amended by the Punjab Gram Panchayat (Haryana Amendment) Act, 1971. It is the case of the petitioner, who secured 54 votes and was next below respondent No. 2 amongst the candidates securing the highest number of valid votes that the Gram Panchayat could not have as its members more than one Panch belonging to the Scheduled Castes in view of the contents of Cls. (a) and (b) of the first proviso to sub-s. (4) ibid which state:-

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"Provided that for the period expiring on the 26th January, 1980- (a) every Gram Panchayat shall, subject to the provisions of sub-clause (b), have one Panch belonging to the Scheduled Castes if their population is five per centum or more of the population of the Sabha area