Punjab-Haryana High Court
Karnail Singh vs State Of Punjab & Others on 3 February, 2010
Author: Rajan Gupta
Bench: Rajan Gupta
CWP No.11690 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
Civil Writ Petition No.11690 of 2009
Date of decision: 3.2.2010
Karnail Singh ...Petitioner
Versus
State of Punjab & others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. J.S. Thind, Advocate, for the petitioner.
Mr. J.S. Puri, Additional Advocate, General Punjab. Rajan Gupta, J. (oral) The petitioner has sought a writ in the nature of mandamus to direct the official respondents to reserve seat for scheduled caste member in the Gram Panchayat Village Hariyoo Jattan, District Patiala. A writ of certiorari has also been sought for quashing order dated 2nd May, 2008, passed by Deputy Director, Panchayat, vide which no seat was reserved for scheduled caste and backward class.
The grievance of the petitioner in the writ petition is that reservation for scheduled caste members has not been made in the Gram Panchayat of village Hariyoo Jattan, District Patiala in proportion to the population of scheduled caste residents of the village.
In the reply submitted by the State, it has been stated that in CWP No.11690 of 2009 2 the year 2008, two Gram Sabhas were formed namely, Gram Sabha Harlyoo Khurd and Gram Sabha Harlyoo Jattan. In village Harlyoo Jattan there were five posts of Panches. Out of these five posts, three were meant for general category and two for women category. This was done keeping in view the population of men and women in the village. Stand of the State is that no person in the village belongs to scheduled caste. In support of its stand, the State has relied on document, Annexure R-1, which gives the figures relating to population of Gram Panchayat Harlyoo Khurd and Gram Panchayat Harlyoo Jattan. This apart, learned State counsel has submitted that election of the Gram Panchayat has already been held and the same could have been called in question only by way of election petition and not by invoking writ jurisdiction of this court. He has relied upon judgment reported as Prithvi Raj Vs. State Election Commission, Punjab and others, 2007 (3) RCR (Civil) 817 in support of his contention.
I have heard learned counsel for the parties and given careful thought to the facts of the case.
According to the figures of population collected by the State (Annexure R-1), total population of village Harlyoo Jattan is 625. Out of this, 319 are men and rest (306) are women. According to said document, there is not a single scheduled caste or backward class resident in the village. The petitioner has not been able to point out any discrepancy or defect with the document, Annexure R-1, annexed with the reply of the State. No rejoinder has been filed to rebut the stand CWP No.11690 of 2009 3 taken therein. It is, thus, not clear how the petitioner has sought reservation for scheduled caste category in the posts of Panches in the Gram Panchayat Harlyoo Jattan. This apart, election to the said Gram Sabha has already been held and this could have been questioned only by way of election petition. In the judgment reported as Prithvi Raj (supra), it is held as under:-
"... Challenge to an election, would be postponed, to a time and stage after the conclusion of the "election" and then also by an election petition, a High Court would, in the exercise of judicial restraint, postpone judicial review to a stage after the Election Tribunal adjudicates the election petition. The power of a High Court, under Article 226 of the Constitution of India would, however, be available, where exercise of the said power subserves the progress of the election, facilitates its completion and is exercised to further the election process. One should not forget that the statutory mandate to the authority under the Election Commission Act is to conduct free and fair poll. For achieving that objective and in furtherance thereof, there is no fetter to achieve that objective by invoking extra ordinary powers of this Court under Article 226 of the Constitution"
It is, thus, evident that the controversy raised in the present writ petition is beyond the scope of writ jurisdiction of this court. In any case, it appears that in view of figures given in document, Annexure R-1, there is no scheduled caste resident in village Harlyoo Jattan. Thus, the prayer for reservation of posts for scheduled caste in Gram Panchayat constituted for the said village is misconceived. CWP No.11690 of 2009 4
No other point has been urged. The petition is devoid of merit. The same is hereby dismissed.
(RAJAN GUPTA)
JUDGE
3.2.2010
'rajpal'
To be referred to the Reporters or not: Yes / No