Pawan Kumar vs State Of H.P & Others

L. Narayana Swamy, CJ

By the medium of this writ petition, the petitioner has mainly prayed to quash and set aside impugned Notification dated 14.12.2020 (Annexure P-3) providing reservation to the post of Pradhan, Gram Panchayat (Kothuwan), Block Dharampur, District Mandi to women (General Category).

Learned Counsel for the petitioner submits that no reservation has been provided to women (General Category) to the post of Pradhan of the aforesaid Gram Panchayat, contrary to the provisions of law.

On the other hand, learned Additional Advocate General submits that the writ petition is not maintainable in view of Article 243(O)(b)of the Constitution of India, as the impugned Notification had already been issued and the election process had also started. He prays that the writ petition deserves to be dismissed and may be dismissed as such.

We have heard learned Counsel for the parties and have also gone through the entire file carefully.

The case of the petitioner is that reservation to the post of Pradhan, Gram Panchayat (Kothuwan), Block Dharampur, District Mandi to women (General Category) and other categories has not been provided as per the provisions of law.

Even if it is assumed that the petitioner has got a good prima-facie case in his favour and in case we set aside the impugned Notification, the election process could not be stopped/interfered with, as the same had already been started as per Notification 10.03.2021.

There is a bar to a Court of law to interfere with the election matters under Article 243 (O) of the Constitution of India. Clause (b) of Article 243 (O) of the Constitution provides that "no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the Legislature of a State"

In case the petitioner is aggrieved by any irregularity committed under Section 125 of the H.P. Panchayati Raj Act, 1994, he was required to challenge the same before appropriate Forum, but in the present case, he has failed to do so.

As discussed hereinabove, since there is a bar to a Court of law to interfere with the election matters under Article 243(O)(b) of the Constitution of India and the petitioner has failed to challenge Notification dated 10.03.2021, this writ petition deserves to be dismissed. Dismissed as such.

Pending application(s), if any, stand disposed of.

Copy dasti.