SURYA KANT, J.

1. Following question of law has been referred by the learned Single Judge for adjudication by a Larger Bench:-

“Whether election of Sarpanch/Member of a Gram Panchayat can be set aside on the basis of disqualifications contemplated under section 208 of the Punjab Panchayati Raj Act, 1994 or it can be set aside only on the basis of disqualifications enumerated in Section 11 of the Punjab State Election Commission Act, 1994?”

2. Though the answer to the question aforementioned hinges upon interpretation of relevant provisions of the two Statutes, however, a brief reference to the relevant facts may also be made.

3. General panchayat elections in the State of Punjab were held in the month of June, 2003. The appellant contested the election for the office of Sarpanch of Gram Panchayat, Village Dhobra, Tehsil Pathankot, District Gurdaspur and was declared elected. Respondent, the defeated candidate, challenged the appellant’s election on the ground that he (the appellant) is employed as a Fireman in the Market Committee at Sirsa which functions under the administrative control of the Haryana State Agricultural Marketing Board, constituted under the Punjab Agricu