High Court of Punjab and HaryanaCWP/19608/2023disposed of

Sewak Singh v. State Of Punjab And Others

2023-09-052 pages

CWP No. 19608 of 2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 19608 of 2023 Date of Decision: 05.09.2023 Sewak Singh -Petitioner

Versus

State of Punjab and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Ms. Tanisha, Advocate, and Ms. Anmol, Advocate, for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this writ petition for the issuance of an appropriate writ especially in the nature of mandamus directing the respondents to reserve a seat for the post of Sarpanch for Scheduled Caste category in the light of Article 243 (D) of the Constitution of India as well as in terms of Section 11 and 12 of the Punjab Panchayati Raj Act, 1994. Learned counsel for the petitioner submits that precisely for the claim in question, a representation of the petitioner dated 27.06.2023 is pending consideration before the competent authority/ respondent No.2. Initially, the said representation was moved before the political head of the State JYOTI SHARMA 2023.09.05 17:10 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

CWP No. 19608 of 2023 on the ground that there are total 700 votes and out of the same, 300 votes are belonging to Scheduled Caste category and no seat has been reserved for the post of Sarpanch for the said category.

At this stage, learned counsel for the petitioner submits that the grievance of the petitioner would be redressed in case a direction is issued to respondent No.2 to take note of pending representation and decide the same in accordance with law in a time bound manner.

Notice of motion.

On the asking of the Court, Mr. Sanjeev Soni, Addl. A.G., Punjab accepts notice on behalf of State of Punjab and submits that the pending representation filed by the petitioner shall be considered by the competent authority/respondent No.2 in accordance with law and appropriate order shall be passed preferably within a period of two months from the date of receipt of certified copy of this order.

Disposed of.

(RAJ MOHAN SINGH) JUDGE (VIKRAM AGGARWAL) JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 05.09.2023 Jyoti Sharma JYOTI SHARMA 2023.09.05 17:10 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh