IMPORTANT POINT
Election of Sarpanch/Member of a Gram Panchayat can be set aside on the basis of disqualifications contemplated under Section 208 of Punjab Panchayati Raj Act.

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 Agricultural Produce Markets Act, 1961. It was, thus, contended that since the appellant is “a whole time salaried employee of a local authority/board”, he is disqualified for being chosen as and for being a Member of the Gram Panchayat as provided by Section 208(1)(g) of the Punjab Panchayati Raj Act, 1994. The Election Tribunal, Gurdaspur, vide its order, dated 13th December, 2004, accepted the respondent’s aforementioned contention and set aside the appellant’s election after holding him ineligible to contest the election for the office of Sarpanch and declared the respondent as the elected Sarpanch. Aggrieved at the aforesaid order, the appellant has filed the appeal in this Court, contending that election of an elected member of the Gram Panchayat can be set aside only if he incurs any of the disqualifications as provided in section 11 of the Punjab State Election Commission Act, 1994 and since the appellant’s case does not fall within the ambit of the said section, the impugned order passed by the Election Tribunal, Gurdaspur is unsustainable.

4. The rival contentions, noted above, have given rise to the question required to be adjudicated by us.

5. We have heard S/Shri Ashok Singla and Malkiat Singh, learned Counsel for the appellants in this as well as in the connected case and also Shri Vipin Mahajan, Learned Counsel for the respondent and have perused the records with their assistance.

6. It has been contended on behalf of the appellants that:-

(a) Election of a member of the Panchayat can be set aside only on the basis of disqualifications prescribed in Section 11 of the Punjab State Election Commission Act, 1994 which is a special Statute and holds the field;

(b) Section 208 of the Punjab Panchayati Raj Act, 1994 stands repealed by Section 143 of the Punjab State Election Commission Act, 1994;

(c) No election petition on a ground, other than those provided in Section 11 of the Punjab State Election Commission Act, 1994 is maintainable, as laid down by Section 89 of this Act;

(d) Section 208 of the Punjab Panchayati Raj Act, 1994 is meant only for the purpose of suspension and removal of a Panch/Sarpanch under section 20(1)(a) of the Punjab Panchayati Raj Act, 1994;

(e) The Punjab State Election Commission Act, 1994 being later in time, has a preference over the provisions of Punjab Panchayati Raj Act, 1994 which is otherwise a Statute of general in nature.

7. The Punjab Panchayati Raj Act, 1994 (Punjab Act No.9 of 1994) (in short the Panchayati Raj Act) came into force on April 21, 1994 and by virtue of its section 228, (i) the Punajb Gram Panchayat Act, 1952; and (ii) the Punjab Panchayat Samitis and Zila Parishads Act, 1961, were repealed. The Statement of Objects and Reasons reveals that the new enactment has been legislated keeping in view