Kishan vs State of Punjab and others

The petitioner, a member of the Scheduled Castes, prays for the issue of a writ in the nature of mandamus directing the respondents to declare him "as duly elected Panch from the reserved category of Scheduled Castes."

The petitioner''s claim has been contested by the respondents primarily on the ground that "as per the census held in 1991, the Scheduled Caste population of Village Diwan Khera is 4.75%".

A copy of the notification dated December 31, 1992 issued by the State Govt. under the provisions of the Punjab Gram Panchayat Act, 1952 (hereinafter to be referred to as the Act) has been produced as Annexure R-l. From a persual of this notification, it appears that a total of 7 Panches had to be elected for the Sabha area of Diwan Khera. No seat was reserved for the members of the Scheduled Castes. Even an extract from the census report relating to district Ferozepur has been produced. A perusal thereof shows that the total population of the village is 3431, out of which 163 persons belong to the category of Scheduled Castes. Thus, the percentage of population has been worked out as 4.75.

An additional affidvit has been filed by the petitioner in which it has been claimed that after the census operation, the population "has arisen to more than 3431 and this has given rise to the population of the scheduled caste in the village which is now more than 7 per centum. The record of the Health Department of Ferozepur District can be summoned to verify this fact." However, no evidence in respect of this averment has been produced.

We have heard learned counsel for the parties. Section 6(4-A) of the Act provides as under :--

"If the number of Panches of a Gram Panchayat determined under sub-section (1) is less than six and the population of Scheduled Castes in the Sabha area of that Gram Panchayat is five per centum or more of the population of the Sabha area it shall have one Panch belonging to the Scheduled Castes and if the number of Panches of a Gram Panchayat so determined is six or more and the population of the Scheduled Castes in the Sabha area of such a Gram Panchayat is ten per centum or more of the population of the Sabha area then it shall have two panches belonging to the Scheduled Castes.

Explanation -- For the purposes of determining the number of Panches belonging to Scheduled Castes under this sub-section the latest census report shall be taken into consideration."

A perusal of the explanation to the above provisions enacted by the legislature shows that the seats have to be reserved for the members of Scheduled Castes on the basis of the "latest census report". The last census report having been given in the year 1991, the action taken by the State Govt. in not reserving a seat for the members of the Scheduled Castes as the population was loss than 5 per cent of the total population of the Sabha area appears to be in conformity with the provision mentioned above.

Mr. Dhuriwala contended that the action suffers from the vice of arbitrariness and that the rise in the population after the census report cannot be ignored. We are unable to accept this contention. The provision Jays down a uniform standard of universal application in the State of Punjab. It introduces a certainty. It lays down a yardstick which is fair and reasonable. The action of the govt. being in conformity with the provision, we are unable to find any element of arbitrariness or unreasonableness in the action of the respondents. Consequently, the contention is rejected.

It was then contended by the learned counsel for the petitioner that according to the election programme, a seat had in fact been reserved for the members of the Scheduled Castes. This was clearly a mistake and contrary to the provisions of the Act. If at the time of the actual conduct of the election, the Stale Govt. has rectified the mistake, the petitioner cannot have a legitimate grievance which may be remediable by resort to proceedings under Art. 226 of the Constitution of India. Even otherwise it appears that the petitioner was aware of the correct position. In the written statement it has been averred that "the petitioner filed his nomination paper in the general categroy. The fee for general category is Rs. 20/ - and the reserved category is Rs. 10/-. The petitioner had admittedly paid Rs. 20 / - at the time of filing the nomination papers." This statement of fact has not been controverted in the affidavit filed by the petitioner. As such the petitioner can have no legitimate grievance on the ground of a wrong stipulation in the document at Annexure P-l.

Accordingly, we find no merit in this petition. It is dismissed in limine. In the circumstances of the case, there will be no order as to costs.

Petition dismissed.