AIR 2009 PUNJAB AND HARYANA 105 ::2009 AIHC NOC 672 ::(2009) 2 RecCivR 484 ::(2009) 1 Pun LR 415

Punjab And Haryana High Court

Hon'ble Judge(s): Satish Kumar Mittal, Jaswant Singh , JJ

Punjab Panchayati Raj Act (9 of 1994) , S.11, S.13A— Punjab Panchayat Election Rules (1994) , R.45(7), R.45a(8)— (asamendedbyPanchayatElection(SecondAmendment)Rules(2008)) Election of Sarpanch of Gram Panchayat - Post reserved for Scheduled Caste or Scheduled Caste women - Amended rules requiring no proposer or seconder for such election and if there was only one candidate available, he shall be deemed to have been @page-PunjHar106elected unopposed - Not Illegal or arbitrary. Punjab State Election Commission Act (19 of 1994) , S.130— Considering fact that more than hundreds of Village Gram Panchayats remained without Sarpanches, where the offences of Sarpanches have been reserved for weaker sections of the Society, the Government had amended the Rules and done away with requirement of proposer or seconder, particularly in election of Sarpanch of Panchayat by further introducing Rule 45-A and Schedule to effect that if there is only one candidate available for office of Sarpanch of reserved category of Scheduled Caste or Scheduled Caste (Woman), then he/she shall be deemed to have been elected unopposed for the office of Sarpanch. Said amendments are neither illegal, arbitrary nor violative of provisions of the Act and the Rules made thereunder. Most of the Panchayats consists of 5, 7 or 9 members. Further in many Panchayats, eit....