IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.W.P. No. 17958 of 2008

DATE OF DECISION : 17.10.2008

Gurpreet Singh and others

.... PETITIONERS

Versus

State of Punjab and others

..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL

HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. B.S. Bali, Advocate,

for the petitioners.

* * *

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who are elected members of Gram Panchayat,

Village Birewala Dogra, District Mansa, have filed this petition under

Articles 226/227 of the Constitution of India for issuing direction to the

respondents to fill up one vacant seat of Panch, reserved for the category of

Scheduled Caste (Women), which remained unfilled due to rejection of the

sole nomination paper of the candidate in the elections held on 26.5.2008.

Learned counsel for the petitioners contends that in view of the

provision of Section 22 of the Punjab Panchayati Raj Act, 1994

(hereinafter referred to as `the Act'), whenever a vacancy occurs by death,

resignation, removal or otherwise of a Panch, the vacancy shall be filled up

by way of election. Learned counsel submits that in this c