High CourtsDivision Bench(2013) 05 P&H CK 0165

Butta Singh Bairagi vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 7 May 2013 · Citation: (2013) 171 PLR 209

HON’BLE JUDGES
Jasbir Singh, Acting C.J. · Rakesh Kumar Jain, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 9749 of 2013

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Judgment

3 paragraphs · 241 words

Jasbir Singh, A.C.J.—This writ petition has been filed with a prayer that directions be issued to the respondents to reserve seats for members of backward classes in the State of Punjab for the elections of Gram Panchayat in their respective villages. To say so, reliance has been placed upon Section 11(4) of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as "the Act"), which reads thus:- 11(4). One office of Panch shall be reserved for Backward Classes in a Gram Panchayat where population of Backward Classes In the Gram Sabha area is more than twenty per cent of the total population of that Gram Sabha area.

Reading of the above provision mandates that if in any village, population of the backward classes in the Gram Sabha area is more than 20% of its total population then one seat needs to be reserved for members of backward classes.

2.

In the present case, there is nothing on record to show that this provision was no more applicable. Not even single instance has been brought to our notice to show violation of the Act. Furthermore, it is mandatory for the authorities concerned to issue preliminary notification where reservation is made. If the petitioner has any grievance of particular village, objections should have been filed. That exercise has also not been done before approaching this Court for issuance of a writ of mandamus. Even prior notice was not served upon the authorities. Dismissed.