Om Singh vs State of Haryana & ors.

M.M. Punchhi and Ujagar Singh, JJ.

For Gram Panchayat Matak Maid, subtehsil Indri, district Karnal, the Government vide notification Annexure P1 ordered that there shall be five Panches including the Sarpanch for the Gram Panchayat, out of which one person shall belong to the Scheduled Caste and another person shall belong to the Backward Classes. The result sheet, Annexure P2, shows that amongst the Panches the highest votes were secured by Jit Singh, then followed by Chhaju Ram (B.C.), then Om Singh petitioner (B.C.) and then Surinder Kumar, respondent No. 4.

These four had to be declared elected, but the Returning officer seemingly thought that two Backward Classes candidates could not be elected. It is for that reason that he declared Om Singh petitioner defeated and kept one seat vacant. In terms of section 5 of the Punjab Gram panchayat Act, as applicable to Haryana, the election is one and there was no such thing as reserve seat for backward classes candidates. In this situation, we correct the result sheet of the Returning Officer and declare the petitioner elected as well over and above respondent No. 4, who too remains elected on the fourth seat as his election is not challenged. However, with this relief to the petitioner the petition stands disposed of.